Mangion Legal

Many times throughout the course of a lawsuit one comes across the term "affidavit", either through one's lawyer or the Court.  However, at times if one was not previously asked to draw up an affidavit, one would not know what is meant by such a term. 

An affidavit is a sworn statement in written form.  It is one's testimony with the exception that instead of giving it orally in Court, it is written down.  However, that does not diminish its strength.
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Child maintenance is the sum of money periodically given either on a monthly basis or a four week basis to the resident parent by the non-resident parent.  Resident parent means the parent having the child residing with him/her and non-resident parent means the parent who has access or visitation rights to the child only. 

Child maintenance is not money given to the resident parent for her/himself but child maintenance is given to the resident parent to be used fo...

Garnishee orders can be differentiated between precautionary garnishee orders and executive garnishee orders. 

With precautionary garnishee orders one is filing a warrant to seize monies or stop movables from being transferred onto third parties on the basis of a claim which is yet to be estabilshed whether it is founded in law and in fact, hence why it is precautionary.  Therefore, one is taking the precaution to seize the amount claimed even though it has not ye...

Care and custody refers to the decision-making powers of the parents - that is, rather than referring to the physical custody of the children, care and custody is an abstract concept dealing with decisions parents make for their children's upbringing. 

Most often than not, care and custody is joint.  This means that both parents have an equal say on the the upbringing and decisions pertaining to their children.  This concept, is in itself a fair concept,...

Debt collection is never easy.  Having to collect what is your due from people who, for various reasons are unwilling to pay is no easy task.  In many cases, if you are unable to recover what is due to you, one has two options - either filing a lawsuit, or else filing a judicial letter 166A. 

A court case would entail years in court trying to prove that you are owed such debt.  However, Maltese law provides a quicker way in which you can get back what is...

Court decisions need to contain reasons why the Court arrived to such a decision.  This applies not only to judgements but also to decrees.  If a decision does not contain any reasons, then, this gives rise to a breach of one's human rights.  Why is this so?  Because, if a decisions does not contain any reasons, then one's right to contest the judgement or decree is being effectively hampered or denied. 

One might ask, if the Court decided against or...

This is a question which begs a multitude of other questions as well as several opinions which at times can be diametrically opposed. The question, 'Are minors being properly heard' implies that minors are already being heard, which in the case of Maltese courts, this is the case to a certain extent.  Minors can be heard at the discretion of the Court and there is no age limit for children to be heard.

However, are minors properly heard? That is, a...