Anton v.

Bartolo (Maltese Marriage Case)

(1891) CLUNET 1171
Facts
a Maltese couple who married while being domiciled in Malta, acquired new
domicile in France. Husband purchased land in France. After the death of the
husband, the widow filled an action in France placing a claim on the land of her now
deceased husband. There was no issue with determining the rules of the choice of
law as the rules both in Maltese and French Private International Law were the same
on this issue; law of the situs applied in cases of succession to immovables.
Issues
Whether this was a case about matrimonial rights or inheritance rights?
Law
Private International Law
Maltese Matrimonial Law
Analysis
French Private International Law classified this as a case about inheritance in conflict
with Maltese Private International Law, which saw this as a question on matrimonial
rights. When we have a situation like this, depending on where the case is brought,
the decision will be different as the court will apply lex fori. In this case, if the action
was filled in France, it would fail, while if this was done in Malta, the widow would
have won.
Conclusion
The French court, however, decided to apply Maltese matrimonial law and displayed
judicial statesmanship.