Juridical Interest Under Maltese Law
Consider Briefly but Critically the Notion of Juridical Interest
An interest may be defined as “the object of any human desire and the object of such desire must be distinguished from the thing in respect of which the desire is entertained”
The notion of juridical interest links the substantive with the procedure in civil law, where the individual goes on with a civil action because he has a right and interest to institute the case and hopefully obtain a favourable result. Moreover, juridical interest forms part of the “presupposti processuali” that is a requirement to have in existence a valid action and in fact without the juridical interest an action cannot be instituted.
This “presuppost processuali” is so important that for the action to remain valid till the end the juridical interest has to exist in the individual bringing the action or the individual responding to the action till the end. Once interest stops the action becomes defective and “locus standi” no longer subsist.
Various authors have propounded different theories on juridical interest, but what is undisputed is that the scope of having a juridical interest throughout the action is to circumvent those actions which are frivolous and vexatious and therefore protect the courts from unnecessary delays.
Having sufficient interest means that either the “kjamat” or the “intervenjent” is able to show that one of his rights has been violated or that one would like to get damages and the re-instatement of rights after the violation. Showing interest to get a remedy or else a declaration of righteousness is of utmost importance.
Our Maltese code does not contain any provision of law defining juridical interest or setting out the requirements, but the requirements at law can be deduced from some of the articles such as:
960. Any person who shows to the satisfaction of the court that he is interested in any suit already pending between other parties, may, on an application, be admitted in statu
An interest may be defined as “the object of any human desire and the object of such desire must be distinguished from the thing in respect of which the desire is entertained”
The notion of juridical interest links the substantive with the procedure in civil law, where the individual goes on with a civil action because he has a right and interest to institute the case and hopefully obtain a favourable result. Moreover, juridical interest forms part of the “presupposti processuali” that is a requirement to have in existence a valid action and in fact without the juridical interest an action cannot be instituted.
This “presuppost processuali” is so important that for the action to remain valid till the end the juridical interest has to exist in the individual bringing the action or the individual responding to the action till the end. Once interest stops the action becomes defective and “locus standi” no longer subsist.
Various authors have propounded different theories on juridical interest, but what is undisputed is that the scope of having a juridical interest throughout the action is to circumvent those actions which are frivolous and vexatious and therefore protect the courts from unnecessary delays.
Having sufficient interest means that either the “kjamat” or the “intervenjent” is able to show that one of his rights has been violated or that one would like to get damages and the re-instatement of rights after the violation. Showing interest to get a remedy or else a declaration of righteousness is of utmost importance.
Our Maltese code does not contain any provision of law defining juridical interest or setting out the requirements, but the requirements at law can be deduced from some of the articles such as:
960. Any person who shows to the satisfaction of the court that he is interested in any suit already pending between other parties, may, on an application, be admitted in statu