Tel: +356 27998604
Commercial Law
Contemporary business activity is wide-ranging and dynamic in nature. There are multiple aspects to modern commerce including but not limitedly retail and wholesale trading, financial services, company administration, intellectual property as well as shipping. The Commercial Code (Chapter 13 of the Laws of Malta) coupled with other regulations establish the legally and socially acceptable standards that trading activities must adhere to ensure fair competition and consumer protection in the market. Market players’ failure to appreciate the effects and consequences of commercial obligations may lead to hefty financial penalties as well as compromising the business’ reputation.
At JLF, we work aside our clients to support them whenever faced with legal challenges in their respective business ventures. Our team of experts provides assistance with contract drafting and during all phases of negotiation, consumer protection matters, litigation and dispute resolution.
Contract Law
The main source of law regulating contracts in Malta is the Civil Code (Chapter 16 of the Laws of Malta). The basis of our civil law is the Code Napoleon, which set out numerous principles tying to the freedom to contract, also known as the volonta’ theory. Thus, making consent an intrinsic element of a contract.
In addition to the parties’ consent, for a contract to be valid, the said parties must have the capacity to contract, the subject-matter of the contract must be a certain thing and the contract must have a lawful consideration.
Whilst still largely made up of volonta’ principles, one can say that the Maltese legal system is currently in transition as waves of the affidamento theory are increasingly featuring. The affidamento theory is what we understand by ‘good faith’, meaning that an element of trust must exist between the contracting parties.
Apart from ensuring that contracts have the correct form and substance using clear and plain language, our experts also ascertain that the clients' interests are safeguarded at all times. To this end, our lawyers actively listen to the clients' objectives and advise on the implications of the contract in question.
Criminal Law
Traditionally, criminal law referred to that branch of public law which protects the community's wellbeing by punishing wrong-doers. In fact, in the realm of criminal law, the concept is that the state is initiating a criminal procedure against the offenders.
In the past years, legislators introduced alternative modes of dealing with the offender, such as, issuing probation orders, awarding suspended sentences and obliging the offender to follow a particular treatment or course. This, has naturally put the deprivation of liberty as the last resort for a criminal punishment.
Dr Josephine Farrugia Mifsud, has been practising in this field for a number of years. She has acquired the requisite insight to provide holistic support to defendants and victims alike.
Data Protection & Privacy
The two main sources of law regulating data protection are the Data Protection Act (Chapter 586 of the Laws of Malta) and the Regulation (EU 2016/679) on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (also known as the General Data Protection Regulation), repealing Directive 95/46/EC (Data Protection Directive).
The GDPR introduced a wide array of changes in terms of data protection. Underlying this shift was the EU's ongoing agenda to safeguard its citizens and their private information. The GDPR granted new rights to individuals and strengthens protections by applying stricter requirements to the way businesses use personal data.
Prima facie, GDPR compliance can be construed as being a 'nightmare' for businesses. However, the GDPR can be a valuable opportunity to understand an entity or business' data and how same can be used more effectively. Furthermore, GDPR compliance will prove to data subjects that an entity or business is a good custodian of data. This will undoubtedly improve client-confidence in such entity or business.
Should you require GDPR compliance services or a data protection officer, you may contact Dr Roberta Aquilina directly on roberta.aquilina@jlf.com.mt.
Employment
The main Maltese act of law dealing with employment and industrial relations is Employment and Industrial Relations Act (Chapter 452 of the Laws of Malta). However, there are other specific pieces of legislation that one must refer to.
The Employment and Industrial Relations Act is made up of a consolidation of two laws. The first part of the act refers to the issue of conditions of employment and part two, title two, deal with industrial relations.
The first title has to do with what we call the day to day issues regarding the conditions under which an individual can be employed to render a service. We are referring to the body of rules and norms which give the basic or threshold conditions under which a person may be engaged to work.
Industrial relations on the other hand, title two, refers to issues of relationships between the person engaged in performing work, those of the persons seeking the work of others and also the issue of Government, as one of the major employers.
At JLF legal we offer a multitude of services in this area, including but not limitedly, assisting clients (employers, employees, self-employed persons) in employment disputes, drafting as well as reviewing of employment contracts, provision of advice and compliance with Jobsplus requirements.
Litigation & Dispute Resolution
Litigation and dispute resolution is Dr Josephine Farrugia Mifsud's main area of expertise. She is very active in the Maltese law courts and tribunals and has built a very positive track record. Throughout the years, Dr Josephine earned the trust and respect of numerous clients and today, she enjoys a pronounced reputation in civil, commercial and criminal litigation.
Whilst the default way to address conflict in Malta is by filing a case in court, our team encourages its clientele to try and reach an out-of-court settlement. In fact, our team also assists various clients during mediation sessions.
Carrie Menkel-Meadow defines mediation as, 'a voluntary process of facilitated negotiation between two or more parties, in which a neutral third party, the mediator, helps these parties find a solution together'.
Mediation is a flexible and informal system which is cheaper than court litigation. While this Alternative Dispute Resolution (ADR) method has proved successful in the family law field, in various other areas it is still deemed to be relatively lukewarm.
At JLF Legal, we encourage our clients to resort to mediation or other ADR methods. Apart from this proving beneficial to clients personally in terms of expenses and efficiency, we would also like to do our part in reducing the judicial system's current workload.
Real Estate & Construction
The Maltese real estate and construction industry has picked up greatly in the past years and has proved to be key to the Maltese economy as a whole.
The Maltese islands are increasingly attracting foreign investors to purchase immovable properties in Malta; most of whom also elect to relocate and settle permanently in Malta.
Our team of lawyers assist clients with negotiating, drafting and advising on promise of sale agreements as well as contracts of sale and purchase, reviewing the title of the property and liabilities impinging on the said property, liaising with the necessary professionals (notary, architect, developers etc.) ensuring that the process moves smoothly, assisting clients with both commercial and private real estate deals, representing clients in construction arbitration, provision of advice in relation to inter alia commercial and residential leases, the process of registration of leases, financing arrangements, FIDIC contracts and procurement agreements.
At JLF Legal we also provide assistance to Maltese real estate agents, property brokers, property consultants and branch managers (collectively "subject persons") to apply for the requisite license to operate as such. This requirement emanates from the Real Estate Agents, Property Brokers and Property Consultants Act (Chapter 615 of the Laws of Malta) and subject persons are legally obliged to obtain the requisite license by not later than 31 December 2021.
Residence & Citizenship
The Maltese islands have been attracting foreigners across the globe for various reasons (employment, investment, reuniting with a family member, studying and so forth).
At JLF Legal, we provide assistance with matters relating to passports, identity documents, citizenship by birth, citizenship by naturalisation, citizenship by registration, work and residence permits for expatriates, land registration and registration of public deeds and acts of civil status.
Should you require our advise in matters relating to immigration, you may send an e-mail on roberta.aquilina@jlf.com.mt.