University of Malta
UNIVERSITY OF MALTA 
FACULTY OF LAWS
Erasmus Guide



 
University of Malta
Erasmus Guide
Faculty of Laws

Department of Civil Law

Lecturing Staff

Mr. Justice Tonio Mallia
Dr. Paul Debono 
Dr. Ruth Farrugia
Dr. Patrick Galea 
The Hon. Dr.Carmelo Mifsud Bonnici
Dr. Renzo Porsella-Flores
Professor Giuseppe Mifsud Bonnici
Dr. Lawrence Quintano
Dr. David E. Zammit
Fr. Robert Soler

Department of Commercial Law 

Lecturing Staff

Professor Andrew Muscat
The Hon. Dr. Joseph Borg
Dr. Richard Camilleri
Dr. Mario De Marco
Dr. David Fabri
Dr. Ann Fenech
Dr. Tonio Fenech 
Dr. Arthur Galea Salamone
Dr. Kris Borg
Dr. Carmel Cascun
Dr. Michael Borg Costanzi
 
 
 
 
 

Department of Public Law

Lecturing Staff

Professor Ian Refalo
Dr. Kevin Aquilina
Dr. Austin Bencini
Dr. Simone Borg 
The Hon. Dr. Tonio Borg
Dr. F. Chetcuti Dimech
Dr.A Ellul Cachia 
Dr. Marse-Anne Farrugia
Dr. Roseanne Bonnici
Dr. Robert Attard
The Hon. Dr.Louis Galea
Dr. Peter Grech 
Dr. Raymond Mangion
Dr. Anton Micallef
Prof. Salvatore Ando

Department of Criminal Law

Lecturing Staff

Dr. Silvio Camilleri
Professor Guido De Marco
Dr. Stefano Filletti
Dr.Stephen Tonna Lowell
 

Department of International Law

Lecturing Staff

Professor David Attard
Dr. Patricia Mallia
Dr. Anton Micallef
Dr. Simone Borg 
 
 

Department of European Law

Lecturing Staff

Prof. P.G Xuereb
Dr. Eugene Buttigieg
Dr. Micheal Frendo
Dr. Gaby Pace
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

B.A Legal & Humanistic Studies 1st Year

First Semester – Compulsory Units

Roman & Civil Law

CVL 1009 Family Law 1
 This unit aims to provide students with a basic understanding of the institutes relating to Family Law embodied in the Civil Code under the title "Of Persons." The first semester will deal with a close reading of the sections of the Civil Code relating to Rights and Duties Arising from Marriage and Parental Authority. The second semester will examine the sections of the Civil Code relating to Adoption, Filiation, Minority and Tutorship, Inter-diction and Incapacitation and will make a brief reference to Absente and Acts of Civil Status within the context of Family Law.  Comparison with Continental, European and Anglo-American Law will be made. Case law and contemporary articles in legal journals will also be referred to throughout the course. 

 Credit Value: 1 Credit
 ECTS equivalent: 2 Credits
 Lecturer: Dr. R. Farrugia
 

CVL 1011 Prolegomena 1
The study-unit is Civilistic in orientation.  It attempts to introduce students to the basis and foundations of Law, including the debate about the identity and hierarchy of the sources.  It examines the fundamental question of the retroactivity or otherwise of norms. The theory of Patrimony, which is a traditional subject in Civil Law cultures with a Napoleonic background, is also explored. Finally, there is an attempt to direct attention and create consciousness at language and interpretation as one of the basic fundamental tools in the practice of Law. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
 Lecturer: Dr. P. Galea
 
 
 
 
 
 
 
 
 

Public Law

PBL 1002 General Principles of Constitutional Law I
This credit is meant to give the student an overview of the general principles of Constitutional Law applied in Western European parliamentary democracies. The credit covers the general theories at the basis of constitutional systems, such as the doc-trine of the separation of powers, the rule of Law, and the theory of fundamental human rights. It also looks at the general outline and structure of parliamentary government. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. I. Refalo

Criminal Law

CRL 1001 Principles Of Criminal Law 1
The unit seeks to lay down a sound foundation for other units in the same area of study, as well as for the subsequent units in the substantive area of the subject, by providing a broad and comprehensive preparation on basic principles and on recurrent themes of Criminal Law. It seeks to provide an insight into the fundamental concepts on which the whole structure of Criminal Law is built by an analysis of the general notion of a criminal offence and its ingredients and by tracing the development of the theory of criminal liability as it is understood today.  The unit attempts to highlight how the different concepts integrate with one another into a harmonised structure well capable of further evolution. The final section seeks to analyse the punitive and non-punitive measures available to a court of criminal justice. Particular attention is given to the philosophy underlying these measures and to the way these measures operate in practice. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr S. Camilleri
 

CRL 1003 General Defences, Attempts and Concursus 1

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr S. Filletti
 
 
 
 
 

Philosophy of Law

CVL 1001 Introduction to Philosophy of Law
Philosophy and Science:
a) Philosophy of Law\Science of law, Culture, Language. 
b) Methodology, Definitions, Analysis-Deduction, Induction, Classification. 
c) Types of Law - Divine\Eternal Law; Natural law; Customary Law; Statutory Law;
    International Law. 
d) Juridical concepts: - 
(i) The Person - Physical and Juridical.  Age of the physical person.  The Foetus. 
     Associations; Partnerships; States; International Organisations. 
(ii) Rights; Obligations; Liberties and Duties. 
(iii) Jurisdiction; Possession; Punishment. 

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits
Lecturers: Prof. G. Mifsud Bonnici
         Dr. P. Galea
   Fr. R. Soler

Optional Credits

Roman & Civil Law

CVL1003 History of Roman Law
This unit examines the various and varying factors which affected the development of Roman Private Law during the thousand and more years which elapsed between the Period of the Monarchy and the Period of the Corpus Juris Civilis of Justinian.  The evolution of the law is seen against the changing socio-political and constitutional background, which inevitably had to leave its mark on the law itself.  The students will thereby obtain a better and deeper understanding of the law as it evolved

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Dr. C. Mifsud Bonnici

CVL1005 Roman Law of Persons 
This unit examines, in varying detail according to its present importance, the Roman Law relating to persons and the family.  It deals with the three determining elements of status: freedom, citizenship and family. It then goes on to consider the topic of the family in greater depth and from all aspects, including the legal position of dependent persons and those of independent persons who, for some particular reason, are unable to look after themselves and their own interests properly.  Here the influence of Roman Law, though still palpable, has been least pervasive, owing to the gradual evolution of new ideals. 

Credit Value: 1 Credit
ECTS equivalent: 2 Credits 
Lecturer: Dr. C. Mifsud Bonnici 

Public Law

PBL 1001 Constitutional Development of Law
This credit is meant to give the student an overview of the general principles of Constitutional Law applied in Western European parliamentary democracies. The credit covers the general theories at the basis of constitutional systems, such as the doctrine of the separation of powers, the rule of Law, and the theory of fundamental human rights. It also looks at the general outline and structure of parliamentary government. 

Credit Value: 1 Credit
ECTS equivalent: 2 Credits 
Lecturer: Prof. I. Refalo

PBL 1004 Notions of Comparative Constitutional Law Systems
This credit intends to familiarise the student with the general outlines of the major constitutional systems operative in the world. Unitary and federal structures, democratic and dictatorial set-ups are examined. Major attention is given to parliamentary and presidential systems. The following constitutions are looked at in some detail: United Kingdom, France, Italy, Federal German Republic, and United States of America. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. S. Ando

Humanistic Area

Second Semester- Compulsory Units

Civil Law

CVL1010 Family Law II 
This unit aims to provide students with a basic understanding of the institutes relating to Family Law embodied in the Civil Code under the title "Of Persons." The first semester will deal with a close reading of the sections of the Civil Code relating to Rights And Duties Arising From Marriage and Parental Authority. The second semester will examine the sections of the Civil Code relating to Adoption, Filiation, Minority and Tutorship, Inter-diction and Incapacitation and will make a brief reference to Absente and Acts of Civil Status within the context of Family Law.  Comparison with Continental, European and Anglo-American Law will be made. Case law and contemporary articles in legal journals will also be referred to throughout the course. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Dr. R. Farrugia

CVL1012 Prolegomena II
The study-unit is Civilistic in orientation.  It attempts to introduce students to the basis and foundations of Law, including the debate about the identity and hierarchy of the sources.  It examines the fundamental question of the retroactivity or otherwise of norms. The theory of Patrimony, which is a traditional subject in Civil Law cultures with a Napoleonic background, is also explored. Finally, there is an attempt to direct attention and create consciousness at language and interpretation as one of the basic fundamental tools in the practice of Law. 

 Credit Value: 1 Credit
 ECTS equivalent: 2 Credits 
Lecturer: Dr. P. Galea

Public Law

PBL1003 General Principles of Constitutional Law II
This credit looks at the application of the general principles of constitutional law in the Constitution of Malta. Its aim is to familiarise the student with the detailed workings of the Maltese Constitution, examining the functions and constitution of the different State Organs. The content of this credit is intrinsically linked and builds upon the information obtained by the student in General Principles of Constitutional Law I. 

Credit Value: 1 Credit
ECTS equivalent: 2 Credits 
Lecturer: Prof. I. Refalo

PBL1006 Human Rights Law
The credit is meant to cover the detailed definition of the human rights provisions as applied in Maltese Law. The student will be expected to acquire a good grasp of existing Maltese case law on this subject. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: The Hon. Dr. T. Borg

Criminal Law

CRL1002 Principles of Criminal Law II
 The unit seeks to lay down a sound foundation for other units in the same area of study, as well as for the subsequent units in the substantive area of the subject, by providing a broad and comprehensive preparation on basic principles and on recurrent themes of Criminal Law. It seeks to provide an insight into the fundamental concepts on which the whole structure of Criminal Law is built by an analysis of the general notion of a criminal offence and its ingredients and by tracing the development of the theory of criminal liability as it is understood today.  The unit attempts to highlight how the different concepts integrate with one another into a harmonised structure well capable of further evolution. The final section seeks to analyse the punitive and non-punitive measures available to a court of criminal justice. Particular attention is given to the philosophy underlying these measures and to the way these measures operate in practice. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. S. Camilleri

CRL1004 General Defences, Attempts & Concursus II
Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. S. Filletti

Roman Law

CVL1006 Roman Law of Property
 This unit examines the Roman Law relating to property and deals with ownership and its characteristics and modes of acquistion as well as with the other real rights (iura in re aliena), both those which are usually defined as "fractions of ownership" (praedial and personal servitudes, emphyteusis and superficies) and those which serve as security    (fiducia, pledge and hypothec).  It also considers possession and its protection and brings out the clear distinction which is made between possession and owner-ship.  Here the Roman foundations of our law are unmistakeable and the influence of Roman Law is still very considerable. 

Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits
 Lecturer: Dr. C. Mifsud Bonnici

CVL1007 Roman Law of Obligations
 This unit examines the Roman law relating to obligations.  In contrast with the previous which deals with real rights, this unit deals with personal rights (iura in personam).  It considers obligations from all aspects, including their sources, their requisites and their modes of extinction, as well as the individual contracts, quasi-contracts, torts and quasi-torts.  It is here that the influence of Roman Law is seen at its greatest and it best, so much so that it has been stated that the Roman Law of Obligations is the modern law - and a study of our Civil Code broadly confirms this statement. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. C. Mifsud Bonnici

CVL1008 Roman Law Of Succession
This unit examines the Roman Law relating to succession. It deals with testamentary succession and intestate succession and considers in some detail the rules in respect of both kinds of succession, emphasising the vital distinction between the heir and the legatee. The Roman Law of Succession has Profess roundly influenced our law and most of the rules contained in our Civil Code can be traced back to Roman Law. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits
 Lecturer: Dr. C. Mifsud Bonnici

Philosophy of Law

CVL1002 Central Problems of Philosophy of Law 
 I Law - Dritt\Ligi. Law and Morals. `Is' and `Ought'. 
 II Natural Law. Historical and Contemporary approaches. Natural, and Fundamental
 Rights and  Liberties. 
 III Basic human goods - Life - Knowledge - Aesthetic experience - Friendship and
 Sociality - Play - Religion - Practical Reasonableness. 
 IV The requirements of Practical Reasonableness. 
 V "The point of it all." 
 VI Values. Abortion. The Rule of Law. 
 VII Justice. Equity. 

 Credit Value: 2 Credits 
 ECTS equivalent: 4 Credits 
 Lecturer: Dr. Carmelo Mifsud Bonnici

Law Credits – Optional Units

PBL1005 International Human Rights Theory
The area covered by this credit is the development, theory and practice of Human Rights. The main international conventions are discussed and compared, as well as certain comparative aspects of human rights protection adopted in different states. Also included in this credit is the study of the manner in which international obligations and conventions relative to human rights have been adopted in municipal systems. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. S. Ando

Optional Units

ITL 422A La Lingua Giuridica
The course is mainly designed for students from the Faculty of Law and students of Italian. A brief historical account of the developments in the Italian legal language will be given. Characteristics of the legal text will be highlighted together with particular problems that accompany laws in their written form. The course will also deal with the Italian element present in the Maltese legal jargon.

Credit Value: 1 Credit
ECTS equivalent: 2 Credits 
Lecturer:Dr. J. Chircop

ITL 422B La Lingua Giudiziaria
This credit gives a sociolinguistic outlook on the language used in law courts including both written and spoken language. Language interaction and other aspects in the courtroom will be considered so as to define the 'trial' as a type of 'speech event'. From the Maltese point of view a number of legal acts will be analysed to determine the Italian element present in their language. 

Credit Value: 2 Credits
ECTS equivalent: 2 Credits 
Lecturer:Dr. J. Chircop
 
 
 
 
 
 
 
 
 
 
 
 

B.A. Legal & Humanistic Studies 2nd Year

First Semester – Compulsory Units

Public Law

PBL2001 Agencies of Government
The aim of this course is to familiarise the student with the institutions of Government, the organisation of the civil service, public corporations and local authorities and to examine the functions, duties and legal responsibilities of these institutions in a modern democratic society. The main topics covered include the Constitutional foundations of the administration of the State, the purpose of administrative action, public duties, the workings of the Executive, access to public employment, conditions of service and discipline of public officers, the Public Service Commission, access to information held by public authorities, the freedom of expression of public officers, conflict of interest in the public service, public finance, Local Councils, public corporations and government owned companies, the Ombudsman, and the accountability of the public sector. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Dr. P. Grech

PBL2002 General Principles Of Administrative Law I
The credit looks at the nature of Administrative Law and its relations to Constitutional Law; as well as the different types of Administrative Law systems operative in democratic constitutions. The credit concentrates principally on the problem of redress of grievances, and looks at the functions of the executive from the point of view of their control and limitations. Judicial review is gone into in depth. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
 Lecturer: Prof. I. Refalo
 
 
 
 
 
 
 
 
 

Civil Law
CVL2001 Betrothal & Marriage 
This unit will cover the main provisions of the Promises of Marriage Law and the Marriage Act as subsequently amended. The student is expected to master the provisions regulating Betrothal, the Celebration of Marriage, the Formalities of Marriage, the legal basis for the Declaration of the Nullity of a Marriage, and the Recognition of Marriages celebrated in accordance with a religious rite. The relevant Private International Law sections are also treated in detail. The student is advised to check recent trends in Maltese case law regarding declarations of nullity, while she/he should also consult any theses about marriage submitted by former students reading for the LLD degree. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Dr. L. Quintano

Criminal Law

CRL 2002 Crimes Affecting Public Trust & Against Public Trade 
The unit gives an account of the general notions underlying the offences, which form part of the category of offences classified under the Criminal Code as Offences affecting Public Trust and Offences against Public Trade.  The notion of document is discussed and basic distinctions between public and private writings and between material, personal and ideological falsity are explained.  The elements of documentary falsity in general are also critically examined in order to serve as a backdrop for a study of the individual offences, several of which are then analysed to illustrate the application of the general principles discussed earlier.  The unit seeks to convey the rational unitary structure of the offences in question, enabling a better understanding of their elements and of the relationship between them. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. S. Camilleri

CRL2003 Crimes against the Person
Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. G. Demarco

Commercial Law

CML2001 Basic Notions of Commercial Law
An understanding of the notion of Commercial Law; an outline of its historical development; the place of commercial law in the private law sphere.  An analysis of the sources of commercial law in their order of priority, namely, written commercial law, usages of trade and civil law.  Institutions which facilitate and safeguard trade, including the Chamber of Commerce.  The notion of an act of trade, its distinction from an act of a civil nature and its relevance in the private law sphere; the classification of acts of  trade into objective and subjective acts of trade; a detailed analysis of what constitutes an objective act of trade and a subjective act of trade; accessory acts of trade; mixed acts of trade. The definition of a trader and the requirements for becoming a trader.

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr R. Camilleri / The Hon. Dr. J. Borg

CML2002 Duties Of Traders & Unfair Competition
 An analysis of the legal duties of traders listed in the Commercial Code relating to the keeping of trade books and the publication of marriage contracts, and the limits of competition including an analysis of the unlawful use of names, marks or distinctive devices, false indication of origin of goods, the spreading of news prejudicial to other traders and the action of unfair competition. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: The Hon. Dr. J. Borg
                Dr. R. Camilleri

Optional Units 

Public Law

PBL2005 Comparative Administrative Law 
The credit looks at the nature of Administrative Law and its relations to Constitutional Law; as well as the different types of Administrative Law systems operative in democratic constitutions. The credit concentrates principally on the problem of redress of grievances, and looks at the functions of the executive from the point of view of their control and limitations. Judicial review is gone into in depth. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. S. Ando 
 
 
 
 
 
 

PBL2008 Environmental Law*
This study-unit in Environmental Law in divided into three optional credits. Students cannot take the second or third credits unless they have taken the first.  The aim of this course is to acquaint students with the basic laws relating to Environment Protection in Malta and the Institutions responsible for its enforcement.  The material to be covered includes the Environmental Laws, with particular emphasis on the Environmental Protection Act, as well as a general background to the history of Environmental Law in Malta. 

 Credit Value: 3 Credits 
 ECTS equivalent: 6 Credits 
Lecturer: Dr. S. Borg

Civil Law

THP242 Church Legislation on Marriage
The objective of this two-credit course is to introduce students to the canonical doctrine on marriage and to help them to familiarise themselves with the norms of the Catholic Church which regulate the administration of this sacrament. Students will also be introduced to Marriage Tribunal work dealing with marriage, nullity and dissolution procedures, as well as with canonical jurisprudence. 

Credit Value: 2 credits 
ECTS Equivalent: 4 credits
Lecturer: Mgr. J. Bajada

* The credit is spread over the 2 semesters

Second Semester – Compulsory Units

Public Law

PBL2003 General Principles of Administrative Law II
This credit is a continuation of General Principles of Administrative Law I. It looks at the exercise of Government functions from the point of view of emergent legal responsibilities. The problems related to Governmental liability, the principles behind it and its extent are studied. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. Refalo

Civil Law

CVL 2003 Separation
The aim of this unit is to ensure that all students reading for the B.A. in Legal and Humanistic Studies have a basic grounding in the institute of Separation under the Civil Code and are introduced to the methods of case study, comparative research and some procedure. The emphasis will lie on the study of current legal provisions, although an analysis of the amendments to the previous sections will also be conducted. Students will be expected to carry out research into decisions delivered by local courts with direct reference to the topics being covered in each lecture. Comparison with Continental, European and Anglo-American jurisprudence will be encouraged, but will not be considered a sine qua non. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. Ruth Farrugia

CVL2004 Expropriation, Usufruct & Servitudes
The objective of this unit is to expand students' knowledge of the Law of Property. It is divided into three sections, corresponding to the Law of Expropriation, that concerning Usufruct, Use and Habitation and the Law of Servitudes. Students will be expected to demonstrate a thorough knowledge of Maltese law insofar as the subjects covered are concerned. This also necessitates an awareness of the opinions of leading Continental jurists. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
Mr. Justice T. Mallia

Commercial Law

CML2002 Mercantile Agency and Business Concern
An analysis of various contracts and juridical figures which facilitate trade including agency (rapprezentanza), and its distinction from commercial mandate, the manager, the commercial traveller and salesman, the mercantile or commission agent, the broker, the commission merchant and the distributor.  Termination of agency (rapprezentanza), commercial mandate, mercantile or commission agency and distribution.  In the second part of the course the legal nature of the business concern is analysed with particular reference to recent Maltese case-law.

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturer: Dr. Mario Demarco
 

CML3002 Commercial Obligations and Commercial Sale
The first part of the study unit examines the applicability of the general private law rules governing obligations to the commercial law sphere and the modifications introduced by commercial law.  The formation of commercial contracts, particularly contracts stipulated by means of correspondence; offer and acceptance; offers by means of advertisements or catalogues or by the exhibition of goods; standard form contracts; the validity of exclusion and limitation of liability clauses in contracts.  The last part of the course examines the applicability to commercial sales of the rules governing the contract of sale in general and the modifications introduced by commercial usage.  This part will include a study of the transfer of property and risk as between seller and buyer, with special emphasis on credit sales, hire-purchase and leasing arrangements. 

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturer: Dr. Mario Demarco

Optional Units

Public Law

PBL2004 European Administrative Law
This study unit is meant to examine the administrative law system of the European Institutions within the framework of the European Union. The position of European Administrative Law both within the Union and the National Systems will be investigated. The unit is meant to further strengthen students' understanding of administrative law systems in general. 

  Credit Value: 1 Credit 
  ECTS equivalent: 2 Credits 
  Lecturer: Prof. S. Ando

B.A Legal & Humanistic Studies 3rd Year

First Semester – Compulsory Study Units

Civil Law

CVL 3002 Obligations I and Tort Law
This unit will address the Civil Code provisions relating to Obligations. The law of Obligations is a fundamental part of our legal system and students will be expected to know the Maltese law in great depth. The course will concentrate on Obligations in general, Pre-contractual liability, Contract, Quasi-contract, Tort and Quasi-tort, the Various Kinds of Obligations, the Effects of   Obligations, the Modes of Extinction of Obligations and the Proof of Obligations. Particular attention will be given to Payment, Novation, Set-off and Rescission. Students will be expected to adopt a comparative approach and demonstrate a thorough knowledge of the decisions of the Maltese courts.

Tort law aims to introduce students to tort law, primarily through the study of the provisions found in the |Civil code and the relevant court judgements. It will focus on the aims of tort law, the nature and the elements of liability in tort, the criteria by which damages are quantified and the cases of indirect liability found in our code. The course has three main characteristics. Firstly, it will situate the study of Maltese law within a comparative perspective, paying attention to the experience of other European Legal systems. Secondly, it will pay detailed attention to case decisions, both local and foreign, in this largely judge made field of law. Finally, it will invite students to take a critical look at our existing system and to tackle such key issues as the desirability or otherwise of introducing moral damagers and/or danno biologico, the case for introducing objective liability, the precise meaning of the requirement of an unlawful act and appropriate solution in cases of concurrent liability.

 Credit Value: 1 Credit
 ECTS equivalent: 2 Credits
 Lecturer: Mr. Justice T. Mallia
      Dr. D. Zammit

CVL 3001 Letting & Hiring
The Law of letting and hiring is, to a significant extent, characterised by the special laws regulating leases of immovable property in the interest of sitting tenant.  This unit examines the basic contract of letting and hiring as regulated by the Civil Code and treats the special Rent Laws in some detail, also in the light of amendments.

Credit Value:  1 Credit
 ECTS equivalent: 2 Credits
 Lecturer: Mr. Justice G. Caruana Demajo

CVL3004 Sale
This study unit comprises an in-depth study of the nature of Preliminary Agreements, the legal role of the Broker, the Warranties of the Seller, the Obligations of the Buyer and the Assignment of Debts and other Rights. Students will be expected to consult the most recent Maltese case law on the subject. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
Lecturer: Dr. L. Quintano
 
 

Public Law

PBL3001 Industrial Legislation I
This unit provides an examination of the law relating to the conditions of employment in the private sector with particular emphasis on the termination of employment. 

Credit Value: 1 Credit
ECTS equivalent: 2 credits
Lecturer: The Hon. Dr J. Borg

International Law

INL3001 Introduction to International Law I
This unit provides an introduction to International law. It looks at the general principles of international law such as the nature, sources subjects, the law of treaties, international organisations, sovereignty and jurisdiction

Credit Value: 2 Credits
ECTS equivalent: 4 credits
Lecturer: Prof. D. Attard
                Dr. A. Micallef
                Dr. S. Borg
                Dr. P. Mallia

European & Comparative Law

ECL3001 European Union Law 1
The module consists of two units totalling 56 lecturing hours and 14 tutorial hours per student, i.e. 70 contact hours in total, with commensurate private study.  The primary course objective is to impart, via lectures and student-centred learning in tutorials, an understanding of, and the necessary skills in the application of, the principles of EU law. The modular course is a holistic course covering in some depth the legal order of the E.U. and the principles of the substantive law of the E.C., the latter with emphasis on the single market and competition law of the E.C.  The interrelation-ship between legal order and substantive law is a feature of this integrated course, but the emphasis is on the legal order of the E.U. 

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits
Lecturer: Prof. P.G Xuereb
                Dr. E. Buttigieg
 

Commercial Law
CML3001 Competition Law 
The unit consists in an analysis of the Competition Act 1994 including the development of competition law in Malta; the prohibition of anti-competitive agreements and collusion that restricts competition; the prohibition of the abusive exploitation of a dominant position; the institutional framework of the Act; enforcement and civil law proceedings. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
 Lecturer: Dr. R. Camilleri

Commercial Law

CML2002 Mercantile Agency and Business Concern
An analysis of various contracts and juridical figures which facilitate trade including agency (rapprezentanza), and its distinction from commercial mandate, the manager, the commercial traveller and salesman, the mercantile or commission agent, the broker, the commission merchant and the distributor. Termination of agency (rapprezentanza), commercial mandate, mercantile or commission agency and distribution.  In the second part of the course the legal nature of the business concern is analysed with particular reference to recent Maltese case-law.

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturer: Dr. Mario Demarco

CML3002 Commercial Obligations and Commercial Sale
The first part of the study unit examines the applicability of the general private law rules governing obligations to the commercial law sphere and the modifications introduced by commercial law.  The formation of commercial contracts, particularly contracts stipulated by means of correspondence; offer and acceptance; offers by means of advertisements or catalogues or by the exhibition of goods; standard form contracts; the validity of exclusion and limitation of liability clauses in contracts.  The last part of the course examines the applicability to commercial sales of the rules governing the contract of sale in general and the modifications introduced by commercial usage.  This part will include a study of the transfer of property and risk as between seller and buyer, with special emphasis on credit sales, hire-purchase and leasing arrangements. 

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturer: Dr. Mario Demarco
 

Optional Credits

PBL3005 History of Maltese Legislation – British Period
This unit examines the causes and effects relating to the development of Maltese legislation in the British period (1814-1964).  The evolution of Maltese legislation is seen against the changing socio-economical, and politico-constitutional background, which inevitably reciprocated with it.  The students will obtain a better and deeper appreciation of Maltese legislation during the 150 years concerned. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. R. Mangion

PBL3006 History of Maltese Legislation – Hospitallers Period
This unit examines the development and codification of Maltese legislation in the period of the Order of St John (1530-1798), again as viewed against the socio-economical and political upheavals from the advent till the departure of the Hospitallers in Malta. Emphasis will be made on the de Vilhena and de Rohan “Codes”, the precursors of the modern  “Codes”. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. R. Mangion

Second Semester – Compulsory Study Units

Civil Law 

CVL3003 Obligations II & Tort
This unit will address the Civil Code provisions relating to Obligations. The law of Obligations is a fundamental part of our legal system and students will be expected to know the Maltese law in great depth. The course will concentrate on Obligations in general, Precontractual liability, Contract, Quasi-contract, Tort and Quasi-tort, the Various Kinds of Obligations, the Effects of   Obligations, the Modes of Extinction Obligations and the Proof of Obligations. Particular attention will be given to Payment, Novation, Set-off and Rescission. Students will be expected to adopt a comparative approach and demonstrate a thorough knowledge of the decisions of the Maltese courts. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Mr. Justice T. Mallia
                Dr. D. Zammit
Public Law 

PBL3002 Industrial Legislation II

There is an examination of the law governing trade unions and employers' associations and the settlement of trade disputes in the private and in the public sector.

Credit Value: 1 Credit
ECTS equivalent: 2 credits
Lecturer: Mr. Justice J. R. Micallef

PBL3003 Principles of Taxation
The unit is divided into two sections: Principles of Taxation and Specific Aspects of Taxation, with one credit being allocated to the first section and two credits to the second section. Principles of Taxation introduce the student to fiscal legislation, with a general overview of the direct and indirect taxation laws, the principles behind them and their main features. A more detailed approach to these laws is made in the second section. Particular emphasis is made on the Income Tax Acts, including an examination of the rules applicable to the various headings of income and capital gains, deductions, corporate profits and dividends. It also introduces the student to double taxation relief and to fiscal incentives provided for under other laws.

Credit Value: 1 Credit
ECTS equivalent: 2 Credits
Lecturer: Dr. R. Attard

International Law

INL3002 General Principles of International Law I & II
This unit is divided into three sections. The first part covers the nature of International Law, the sources of International Law   and the Relationship between International Law and municipal Law. It also deals with states, organisations, individuals, and controversial candidates, personality and rights and duties of the subjects of International Law. The second   part focuses on   recognition, with particular reference to states and governments, sovereignty and jurisdiction, including territorial jurisdiction, state Responsibility - its nature, responsibility for breach of contractual obligations and responsibility for international delinquencies.  It analyses privileges and immunities, diplomatic and consular relations and the Law of Treaties. 

Credit Value: 2 Credits
ECTS equivalent: 4 credits
Lecturer: Prof. D. Attard
                Dr. A. Micallef
                Dr. S. Borg
                Dr. P. Mallia

European & Comparative Law

ECL3002 European Union 
The module consists of two units totalling 56 lecturing hours and 14 tutorial hours per student, i.e. 70 contact hours in total, with commensurate private study.  The primary course objective is to impart, via lectures and student-centred learning in tutorials, an understanding of, and the necessary skills in the application of, the principles of EU law.  The modular course is a holistic course covering in some depth the legal order of the E.U. and the principles of the substantive law of the E.C., the latter with emphasis on the single market and competition law of the E.C.  The interrelation-ship between legal order and substantive law is a feature of this integrated course, but the emphasis is on the legal order of the E.U. 

 Credit Value: 2 Credits 
 ECTS equivalent: 4 Credits 
 Lecturer: Prof. P.G Xuereb
                 Dr. E. Buttigieg
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

LL.D 1st Year

First Semester– Compulsory Study Units

Civil Law

CVL 4001 Matrimonial Regimes
This unit will be offered in the first year of the LL.D. Course.  It builds on students’ knowledge of Maltese law of marriage and obligations, which are taught during the B.A. in Legal and Humanistic Studies.  The objective is to explore the different legal regimes to which matrimonial life is subjected.  As the law in this area has been greatly altered in recent years, students will be expected to research those legal systems, which served as a model for our law on matrimonial regimes. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. Ruth Farrugia

CVL 4002 The Law of Guarantees*
The unit examines the question of patrimony in the context of ranking of Creditors, causes of preference and gradation of creditors.  It aims to introduce the drafting and creation of technical instruments, the function of guarantees in the commercial and financial environments.  The unit seeks to address the relationship between credit security and enforcement.

Credit Value: 2 Credits
ECTS equivalent: 4 Credits
Lecturer: Dr P Galea 

Commercial Law

CML 4001 Credit Instruments including Bills of Exchange & Cheques 
 The unit analyses the notion and theory of credit, forms of credit and its history.  It examines in detail credit instruments, their juridical nature, definition, types and their various characteristics, and the source of the obligation.  The course, in its second part examines one of the most important of all the credit instruments - the bill of exchange.  The origins and historical and economical development of bills of exchange; the definition of a bill of exchange and its fundamental characteristics are considered.  The courses examines extensively the form and requisites of bills of exchange; the parties to a bill of exchange; the joint and several liability of the parties; endorsement and its effect; surety  par aval; payment of bills of exchange; lost bills; protest for non-acceptance or non-payment of a bill of exchange.  Finally the actions on a bill of exchange the principal action and the action of recourse; and the extinction of obligations of a bill of exchange is studied.  During the course reference is made to Maltese case law, and to foreign legislation and authors particularly Italian, French and British. Furthermore, the possibility for reforms in the law relating to credit instruments in general and to bills of exchange in particular is taken into account throughout the course. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits
 Lecturer: Dr. R. Zammit Pace

CML 4002 Banking Law
The unit examines the two basic divisions of the law of banking - institutional and private banking law.  Under institutional banking law the following will be considered: the notion and function of a central bank, the notion of currency, the legal requirements in setting up of bank, capital adequacy requirements, rules regarding reserve funds, payment of dividends and disclosure requirements.  Topics under private banking law that include sources of private banking law and the banker-customer relationship in all its complexity will be dealt with in more detail.  The course will also analyse in an extensive manner the law relating to cheques.  This will include, amongst other things, the definition, the nature and the treatment of cheques in Maltese legislation and in foreign legislation, the legal relationship between bills of exchange and cheques, the act of protest and cheques, and the countermanding of cheques under Maltese Law.

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
Lecturer: Dr. M. Borg Costanzi

CML 4003 Insurance Law
The law of insurance unit would include the nature of the contract of insurance; kinds of insurance; principles of the law of insurance; definition and essential elements of the contract of insurance, formation of the contract of insurance; assignment of the insurance policy; termination of the contract of insurance.  The course will also examine the theories of insurable interest, conflict of laws, reinsurance, utmost good faith, premiums, construction of the policy, causation, measures of recovery, subrogation, protected parties, nature of the loss, concealment, and rights at variance with policy provisions, double insurance.  Finally the course will analyse liability insurance, life insurance, accident insurance and motor vehicle insurance

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. T. Fenech
 
 
 
 
 

Forensic Medicine 

PAT 5751 Forensic Medicine*
There is an introductory series of lectures on anatomy and physiology emphasising aspects relevant to forensic medicine.  The study unit deals mainly with forensic pathology with an introduction to forensic science, including toxicology.  Other topics covered include ethics of medical practice and legal aspects of medical practice. 

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits 
Lecturer: Dr. B. Ellul

* The credit is spread over the 2 semesters

Public Law

PBL 4001 Introduction to Private International Law
This unit provides a general introduction by examining the Definition, Nature and Scope of the subject. It then focuses on the Classification of the Cause of Action, the doctrine of Renvoi and the Incidental Question. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
 Lecturer: Prof. Refalo, 
                Dr. A. Sciberras Trigona
               Dr. M. Frendo
               Dr. A. Micallef

PBL 4002 Basic Principles of Private International Law I
This unit looks at: Distinction between Substantive and Procedural Rules; The question of Proof of Foreign Law - Public Order; the Concept of Domicil, Residence and Nationality. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. Refalo, 
                Dr. A. Sciberras Trigona
               Dr. M. Frendo
               Dr. A. Micallef
 
 
 
 

PBL 4003 Basic Principles of Private International Law II
This unit looks at Rules Governing Jurisdiction and Enforcement of Foreign Judgments Position under Maltese Law and under EEC Laws; Arbitration and Foreign Awards. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. Refalo, 
                Dr. A. Sciberras Trigona
               Dr. M. Frendo
               Dr. A. Micallef

Second Semester – Compulsory Units

Civil Law

PBL 4004 The Law of Persons in Private International Law 
 This unit focuses on (a) Marriage, (b) Matrimonial Causes; and (c) Legitimation and Adoption. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. Refalo, 
                Dr. A. Sciberras Trigona
               Dr. M. Frendo
               Dr. A. Micallef

PBL 4005 The Law of Property in Private International Law
The topics covered by this unit are: 
 a) Principles Governing Movables and Immovables 
 b) Succession: Rules Governing Title to Movables and Immovable 
 c) Trusts - The Hague Convention on the Law Applicable thereto and their Recognition 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
 Lecturer: Prof. Refalo, 
                Dr. A. Sciberras Trigona
                Dr. M. Frendo
                Dr. A. Micallef
 
 
 
 
 

PBL 4006 The Law of Obligations in Private International Law
This unit looks at (a) Contracts - Theories determining Applicable Law; and (b) Torts and Quasi Torts - Theories determining Applicable Law 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. Refalo, 
                Dr. A. Sciberras Trigona
               Dr. M. Frendo
               Dr. A. Micallef

Optional Study Units

First Semester

Civil and Notarial Law

CVL 4005 Child Law 
The unit will be conducted over 10 sessions each lasting one hour. The aim of the course is to make an in depth examination of the law relating to children both locally and in the international scene as well as to encourage interest in laws which are still in the drafting stage or in legislation which is lacking. Together with scheduled lectures, guest lecturers will be invited to deal with specific topics within a seminar type setting.  In this way it is hoped that well prepared and interested students will be able to gain relevant information from the expert first hand.  Students will also be expected to make a presentation themselves during the course of the semester relating to a topic of their choice from the list made available at the start of the course. Attendance at these lectures is deemed essential, as are active participation and preparation prior to attendance

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits
Lecturer: Dr. R. Farrugia

CVL 4007 The Basic Notarial Law
This unit considers the notary’s twofold capacity of public officer and liberal professional. Since his public office is intimately linked to the publication of the notarial act, the requisites of the latter will be studied in detail in view of his civil liability should he fail to abide by these formalities. This applies especially to cases that give rise to the nullity of a notarial act. The various disciplinary controls over the notary are discussed so that students appreciate the implications of the public nature of this office. Besides, the legal basis of the notary’s role as a liberal professional is examined within the framework of the opinion of text writers and various local judgments. The unit will attempt to help students form their own considered opinion as to whether the interaction between the notary’s public office and his membership of a liberal profession has changed his status in recent years. 

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits
Lecturer: Notary J. Scriha
 

CVL 4008 Laws of Direct Relevance to Notarial Practice
Barring the basic notarial law, the Public Registry Act and the Land Registration Act, this unit will consider the various laws that notaries put into practice in the daily exercise of their profession. Though some laws of a fiscal nature will already have been covered in other units, all the relevant provisions of those fiscal laws directly affecting notarial practice will be reviewed within the context of the notarial act and the notary’s responsibility. The theoretical and practical difficulties encountered by members of the profession will be assessed in the context of other laws like the acquisition of  immovable property by non-residents and the acquisition of immovables which belonged to ecclesiastical entities.

Credit value: 2 credits
ECTS equivalent: 4 Credits
Lecturer: Dr M. Felice

Commercial Law

CML 4004 International Sale and Documentary Credits
The unit examines the various trade terms adopted in international contracts for the sale of goods and consider their relationship with other interrelated contracts, such as contracts of carriage by sea and contracts of marine insurance.  Issues of domestic sale of goods contracts, such as implied terms, passing of risk and property, reservation of title and remedies are examined as background.  Then, various international transactions with regard to ensuing rights and obligations of the various parties involved, with special emphasis on CIF and FOB terms are considered.  The course also examines in detail the legal nature of documentary credits, types of documentary credits and their advantages, the practical workings of a documentary credit operation and the legal application of documentary credits.  Besides Maltese Law, reference will also be made to rules devised by International Chamber of Commerce known as the Uniform Customs and Practice of Documentary Credits. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. M. Demarco
                Dr. A. Fenech
 

CML 5003 Consumer Protection and Legislation 
The unit examines the evolution of the figure of the consumer and consumerism in Malta and offers a general introduction to the historical evolution and development of local consumer-oriented legislation, and of the principles, structures and remedies introduced in the law for the promotion of consumer interests.  An extensive examination of the current legislative framework will be offered with particular attention being given to the Consumer Affairs Act 1994, the Trade Descriptions Act 1986, the Door-to-Door Salesman Act 1987, the Broadcasting Act 1991 and other laws which, directly or indirectly, have a bearing on the provision and marketing of consumer goods and services.  The two white papers on Consumer Rights (1991) and Fair Trading (1993) will be analysed and attention will be given to codes of practice and consumer organisations as well as to legal developments in other countries and the European Union.  The course will also focus on the growing relevance of the financial services consumer that will entail an overview of the more important financial services legislation. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. D. Fabri

European Law

EST 3140 Current Issues in European Integration
This European Jean Monnet module is intended to familiarise and update students across various disciplines on topical issue related to European Integration. Divided into three parts the course in 30 hours of lectures delivered by a number of lecturers all specialised in their respective fields covers first the various legal, institutional and constitutional ramifications of the current debate on the future of Europe, then the economic relationship of the EU with the WTO to federalism in competition law enforcement, economic and monetary union and the impact of enlargement on regional policy and social cohesion and finally it turns to the social impact of integration looking at citizenship and workers’ rights, immigration and asylum policy, human rights and operation in criminal matters.

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits 
Lecturer: Dr. E. Buttigieg

Optional Study Units

Second Semester

Civil and Notarial Law

CVL 4009 Contents of Notarial Deeds
A vital role of a notary is to cast into legal form the intention of the parties to a notarial act and to private writings. This not only entails clarity of ideas and cogency of expression but also a thorough knowledge of and a continuous reference to the various laws that are at the basis of the document being drafted. This unit will help would-be notaries and other law students acquire the techniques of drafting documents that reduce the possibility of litigation. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Notary M. Felice

CVL 4010 Land Registration 
The unit introduces students to the Land Registration Act 1981 and examines the extent to which the English model has been adapted to our Civil Law tradition. Though the law is primarily one regulating the procedure for the registration of title to land, the problem is addressed whether the law has also introduced concepts of a substantive nature like a special form of ten-year acquisitive or extinctive prescription based solely on registration. The unit includes an examination of the theoretical nature and practical implications of a title and a guaranteed title, the indefeasibility of the latter (ostensibly the cornerstone of any system of land registration), the instances when the register may be rectified and the right to an indemnity. Special emphasis will be placed on the use of the caution as the only way of securing vis-à-vis third parties the rights one claims over immovables registered or to be registered in the name of others. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Notary J. Scriha
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Commercial Law
CML 4005 Carriage of Goods
The unit will analyse the types of contract of affreightment with a detailed examination of the bill of lading.  The functions of the bill of lading, statements found in the bill, endorsement and delivery of the bill of lading, will be considered under this part. The application of the Hague Rules as regards the obligations of the parties to the contract affreightment, particularly the obligations of the sea carrier, the rights and immunities the sea carrier, and liability of the sea carrier, and exemption clauses, will be analysed.  The Maltese Carriage of Goods by Sea Act and the Hague Rules, will be the basic laws used for this course.  Reference will also be made to the Hague Visby Rules and the Hamburg Rules. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. M. Demarco
                Dr. A. Fenech

CML 5001 Financial Services Legislation
The unit will be broadly divided into two parts. The first part shall incorporate an extensive overview of the principal laws which regulate financial services in Malta and of underlying principles and the various structures and remedies in these laws for the protection of the investor.  The underlying moral and legal justification for the intervention by the state in the financial services sector and for the protection of the investor shall be examined.  Particular attention shall be given to the powers and functions of the financial regulatory bodies namely the Central Bank of Malta, the Malta Financial Services Centre and the Malta Stock Exchange.  During the second part the Malta Financial Services Centre Act will be examined and the reasons motivating its evolution into the present format will be considered.  The following issues will be focused upon: definition of offshore activity, meaning and types of offshore companies, comparison between the offshore non-trading and general trading company, functions and duties of the nominee company and of licensed nominees, confidentiality and transitory provisions. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Dr. D. Fabri 
               Dr. A. Galea Salamone
 
 
 
 
 
 
 
 

CML 5002 Intellectual Property
An examination is undertaken of the economic purpose and scope of the law of industrial and intellectual property in Malta.  A legal analysis of Patents, Industrial Designs, Trade Marks, and Copyright will be carried out.  This includes requisites for registration, registration formalities, and legal effects of registration, ownership of intellectual property, infringement, and actions for infringement, ownership assignments, licenses, international arrangements and confidential information.  Furthermore, the impact of European Union Law on intellectual property rights, integration and harmonisation of intellectual property is referred to. 

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
Lecturer: Dr. R. Camilleri

CML 5004 Conversion, Amalgamation & Division of Commercial Partnership
The procedure and the legal implications involved in the conversion from one form of commercial partnership to another form will be considered in the first part of the course. The second part analyses the possible forms, the procedure and juridical effects of amalgamation of commercial partnerships under Maltese Law, specifically it will consider the absorption and merger of existing partnerships and the creation of a new partnership under these procedures.  The final part of the course will deal with the division of commercial partnerships as regulated by the new Companies Act 1995, particularly it will examine division by acquisition, division by the formation of new companies and the division under the supervision of the court. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Dr. A. Galea Salamone 
 
 
 
 
 
 
 
 
 
 
 
 

CML 5005 Bankruptcy of Individual Trader
The unit examines the legal aspects of bankruptcy of individual traders, specifically it analyses in an extensive manner the concept of suspension of payments of debts under Maltese law and the notion of collective proceedings in order to obtain what is due, and on the other hand it deals with the issue of the obligations and liabilities of the bankrupt debtor and the rights and remedies available to a creditor of a bankrupt debtor.  In addition, the courses considers the history of bankruptcy law in Malta, the objectives of the bankruptcy regime, court jurisdiction, juridical differences and similarities between bankruptcy and insolvency and the legal elements of bankruptcy, proof of debts, the declaration of bankruptcy, fraudulent trading and wrongful trading, curators in bankruptcy, the effects of adjudication in bankruptcy, the composition, and rehabilitation and discharge.

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturer: Dr.  Zammit Pace

European Law

ECL 4002 National Constitutions & a Constitution for the European Union: Main Issues
The course examines the constitutional acquis of the EU against the background and in the light of national constitutions. The context is the future of Europe debate. It explores the main issues, with a view to raising the main issues and considering the possible developments in the institutional and policy reform of the European Union, and the implications from the perspective of national constitutions.

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturer: Prof. P.G.Xuereb

ECL 4003 EC Consumer Law
 This unit will introduce students to the basic issues underlying the Community’s consumer policy particularly the question of its legal basis pre and post Maastricht and Amsterdam and its integration into other Community policies and then it focuses on particular aspects of consumer protection such as product liability, product safety, selling methods and marketing practices detrimental to the consumer, unfair contract term guarantees and after-sales services and access to justice. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. E. Buttigieg
 
 

LL.D 2nd Year

Compulsory Study Units

First Semester

Procedural Civil Law

CVL 5001 General Doctrines of Civil Process
This unit focuses on the basic doctrines in civil procedure and judicial organisation. The topics covered include: the action, the requisites thereof, juridical interest, the process of cognition; the notion of parties to a suit; intervention and joinder of parties to a suit; jurisdiction and competence; organisation of the courts and court officials:  the competence and jurisdiction of the various courts; court officials and members of the legal profession; the Superior Council for the Administration of Justice.

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturers: Dr P Galea

CVL 5002 Procedure in Contentious Matters*
This unit addresses the ordinary modes of procedure in litigation and enforcement proceedings. It looks at the provisions relative to formulation filing and service of writs and written pleadings; trial of causes; judgements, decrees and appeals; executive titles; precautionary and executive warrants: the procedure relative to filing and formulation thereof; the provisional execution of judgements;

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturers: Dr P Galea

CVL 5003 Special Proceedings
This unit examines various special proceedings, including reconvention, jactitation suits, general outlines of the Second Hall of the Civil Courts; causes of government and retrial. 

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturers: Dr P Galea
 
 
 

Procedural Criminal Law 

CRL 5001 Criminal Procedure and Jurisdiction
Purpose and scope of criminal procedure - Historical and Typical Systems - Jurisdiction and competence of the various courts - The criminal action - Commencement of the criminal action - Notitiae criminis - Obstacles to the exercise of the criminal action Extinguishment of the criminal action - Parties to the criminal action - Public prosecutor, defence counsel, judge, magistrate, jury - Unfolding of the criminal proceedings -Criminal Inquiry - Inquiries relating to the in genere, inquests and reperti - Bill of indictment - Proceedings before the criminal court - Insanity and other collateral issues - Bail - Execution of sentences - Criminal procedure and fundamental human rights. 

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits 
Lecturer: Dr. Stephen Tonna Lowell

CRL 5002 The Executive Police and Criminal Appeals
 Role of the executive police in the criminal justice system - Powers and duties – Search and arrest - Arraignment - Remedies against the police - Appeals (inferior and superior) - Powers of the Court of Criminal Appeal. 

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits 
Lecturer: Dr. Stefano Filletti

Commercial Law

CML 4001 Credit Instruments including Bills of Exchange & Cheques 
 The unit analyses the notion and theory of credit, forms of credit and its history.  It examines in detail credit instruments, their juridical nature, definition, types and their various characteristics, and the source of the obligation.  The course, in its second part examines one of the most important of all the credit instruments - the bill of exchange.  The origins and historical and economical development of bills of exchange; the definition of a bill of exchange and its fundamental characteristics are considered.  The courses examines extensively the form and requisites of bills of exchange; the parties to a bill of exchange; the joint and several liability of the parties; endorsement and its effect; surety  par aval; payment of bills of exchange; lost bills; protest for non-acceptance or non-payment of a bill of exchange. 
 
 
 
 
 

Finally the actions on a bill of exchange the principal action and the action of recourse; and the extinction of obligations of a bill of exchange is studied.  During the course reference is made to Maltese case law, and to foreign legislation and authors particularly Italian, French and British.  Furthermore, the possibility for reforms in the law relating to credit instruments in general and to bills of exchange in particular is taken into account throughout the course. 

 Credit Value: 1 Credit 
ECTS Equivalent: 2 Credits
Lecturer: Dr. R. Zammit Pace

CML 4002 Banking Law
The unit examines the two basic divisions of the law of banking - institutional and private banking law.  Under institutional banking law the following will be considered: the notion and function of a central bank, the notion of currency, the legal requirements in setting up of bank, capital adequacy requirements, rules regarding reserve funds, payment of dividends and disclosure requirements.  Topics under private banking law that include sources of private banking law and the banker-customer relationship in all its complexity will be dealt with in more detail.  The course will also analyse in an extensive manner the law relating to cheques.  This will include, amongst other things, the definition, the nature and the treatment of cheques in Maltese legislation and in foreign legislation, the legal relationship between bills of exchange and cheques, the act of protest and cheques, and the countermanding of cheques under Maltese Law

 Credit Value: 1 Credit 
 ECTS equivalent: 2 Credits 
Lecturer: Dr. M Borg Costanzi
 

CML 4003 Insurance Law
The law of insurance unit would include the nature of the contract of insurance; kinds of insurance; principles of the law of insurance; definition and essential elements of the contract of insurance, formation of the contract of insurance; assignment of the insurance policy; termination of the contract of insurance.  The course will also examine the theories of insurable interest, conflict of laws, reinsurance, utmost good faith, premiums, construction of the policy, causation, measures of recovery, subrogation, protected parties, nature of the loss, concealment, and rights at variance with policy provisions, double insurance.  Finally the course will analyse liability insurance, life insurance, accident insurance and motor vehicle insurance

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. T. Fenech
 

Optional Study Units

First Semester

Public Law

PBL 3005 History of Maltese Legislation: The British Period
This unit examines the causes and effects relating to the development of Maltese legislation in the British period (1814-1964).  The evolution of Maltese legislation is seen
against the changing socio-economical, and politico-constitutional background, which inevitably reciprocated with it.  The students will obtain a better and deeper appreciation of Maltese legislation during the 150 years concerned. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Dr. R. Mangion 

PBL 3006 History of Maltese Legislation: Hospitallers Period
This unit examines the development and codification of Maltese legislation in the period of the Order of St John (1530-1798), again as viewed against the socio-economical and political upheavals from the advent till the departure of the Hospitallers in Malta.  Emphasis will be made on the de Vilhena and de Rohan “Codes”, the precursors of the modern “Codes”. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. R. Mangion 

Commercial Law

CML 4004 International Sale and Documentary Credits
The unit examines the various trade terms adopted in international contracts for the sale of goods and consider their relationship with other interrelated contracts, such as contracts of carriage by sea and contracts of marine insurance.  Issues of domestic sale of goods contracts, such as implied terms, passing of risk and property, reservation of title and remedies are examined as background.  Then, various international transactions with regard to ensuing rights and obligations of the various parties involved, with special emphasis on CIF and FOB terms are considered.  The course also examines in detail the legal nature of documentary credits, types of documentary credits and their advantages, the practical workings of a documentary credit operation and the legal application of documentary credits.  Besides Maltese Law, reference will also be made to rules devised by International Chamber of Commerce known as the Uniform Customs and Practice of Documentary Credits. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. M. Demarco
                Dr. A. Fenech
 

CML 5003 Consumer Protection and Legislation 
The unit examines the evolution of the figure of the consumer and consumerism in Malta and offers a general introduction to the historical evolution and development of local consumer-oriented legislation, and of the principles, structures and remedies introduced in the law for the promotion of consumer interests.  An extensive examination of the current legislative framework will be offered with particular attention being given to the Consumer Affairs Act 1994, the Trade Descriptions Act 1986, the Door-to-Door Salesman Act 1987, the Broadcasting Act 1991 and other laws which, directly or indirectly, have a bearing on the provision and marketing of consumer goods and services.  The two white papers on Consumer Rights (1991) and Fair Trading (1993) will be analysed and attention will be given to codes of practice and consumer organisations as well as to legal developments in other countries and the European Union.  The course will also focus on the growing relevance of the financial services consumer that will entail an overview of the more important financial services legislation. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. D. Fabri 
               Dr. A. Galea Salamone
 
 
 

European Law

ECL 5001 European Company Law
This unit will introduce the student to the Treaty basis and kindred debates relating to Company Law harmonisation in the European Community.  Some of the principal harmonisation measures will be studied against their contextual and comparative law background.  This course will also serve as an excellent introduction to the theory and practice of EC Company Law harmonisation for those who may wish to pursue further study at Masters Level.  It is an opportunity to learn more about the European company law systems on major issues such as corporate governance, take-over, modern management structures, and groups of companies. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Prof. P.G. Xuereb

Compulsory Study Units 

Second Semester

Procedural Civil Law 

CVL 5004 Evidence, Arbitration and Various Pleas
This unit is divided into two parts. The first concentrates on the law of evidence, looking at the cardinal rules of procedure, referees, professional secrecy and confidentiality. The rules relating to the respect due to the court are also touched upon. The second part looks at arbitration and various pleas, including: litis pendentia, nullity, connection of actions and the plea of res judicata.

Credit Value: 1 Credit
ECTS equivalent: 2 Credits
Lecturer: Dr P Galea

CVL 5005 Human Rights Actions
This unit pays particular attention to the specific procedural difficulties presented by human rights actions, in the process examining the relative competence of the courts and that of various specialised tribunals.

Credit Value: 1
ECTS equivalent: 2 Credits
Lecturer: Dr. Tonio Azzopardi
 

CVL 5006 Tribunals
This unit looks at the procedural issues which arise when taking action before a range of Boards and Tribunals, including the Rent Regulation Board, the Rural Leases Control Board, the Land Arbitration Board, the Board of Special Commissioners for Income Tax Purposes, the Board of Special Commissioners for duty on Documents and Transfers, the Development Control Commission, the Planning Appeals Board and the Social Security Appeals Board.

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturers: Dr P Galea
 
 
 

CVL 5007 The Second Hall Of Civil Court
The aims of this unit are: 
1) To ensure that all students are able to put their knowledge of substantive law into practice.
2) To ensure that all students have a procedurally correct reference from which to work.
3) To encourage self -confidence in all students when bringing written or oral pleadings before the Second Hall, Civil Court.

The lectures will be based on a close reading of the Law. Reference to substantive law will be made continually in order to emphasise the main aim of the course being the linking of the Civil Code to the COCP. Specimens of  all applications will be provided and students will be encouraged and expected to draw up their own versions within the seminar environment.  Some time will also be spent on acquainting the student with the procedural aspects of the Court itself and the role of the Judge and Registrar in the hearing and issuing of the decrees.

Credit Value: 1 credit
ECTS equivalent: 2 Credits
Lecturers: Dr. P. Galea

Procedural Criminal Law

CRL 5003 Law of Evidence
Evidence - General rules - Proof - Quantum of proof - Relevance and admissibility -Presumptions - Witnesses - Experts - Confessions - Competence and compellability of witnesses - Circumstantial evidence - Documentary evidence 

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits 
Lecturer: Dr. Stephen Tonna Lowell
 
 

Optional Study Units

Second Semester 

Procedural Civil Law

CVL 4006 Anthropology & Human Rights
This unit will explore the uses of an anthropological approach to deepen our understanding of human rights issues. The starting point is the Universalist/Relativist debate and the dilemmas it raises for the global enforcement of human rights. On the strength of various case studies, the argument for contextualising formal descriptions of both the enforcement and the violation of rights will be made. Various ‘non-Western’ understandings of rights will be used as a standpoint from which to explore the ambiguities and paradoxes of ‘Western’ human rights. The politics of human rights will also be focused on since ‘legal categories are not just a benign cognitive product of social imagination, but are also: (a) explore how human rights are implicated in processes of neo-colonialism and globalisation, (b) focus on what is excluded from human rights discourse and (c) examine the conditions in which rights are invoked. Finally, a solution will be sought to some of the dilemmas that cultures present to attempts to universally enforce human rights. To be allowed to take this study unit, students must have completed the study unit in Legal Anthropology taught in the First Year of the B.A. legal and humanistic course.

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. D. Zammit 

CVL 5009 Gender & the Law
Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. R. Farrugia

Commercial Law

CML 4005 Carriage of Goods
The unit will analyse the types of contract of affreightment with a detailed examination of the bill of lading.  The functions of the bill of lading, statements found in the bill, endorsement and delivery of the bill of lading, will be considered under this part. The application of the Hague Rules as regards the obligations of the parties to the contract affreightment, particularly the obligations of the sea carrier, the rights and immunities the sea carrier, and liability of the sea carrier, and exemption clauses, will be analysed.  The Maltese Carriage of Goods by Sea Act and the Hague Rules, will be the basic laws used for this course.  Reference will also be made to the Hague Visby Rules and the Hamburg Rules. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. M. Demarco 
                Dr. A. Fenech
 

CML 5001 Financial Services Legislation
The unit will be broadly divided into two parts.  The first part shall incorporate an extensive overview of the principal laws which regulate financial services in Malta, and of underlying principles and the various structures and remedies in these laws for the protection of the investor.  The underlying moral and legal justification for the intervention by the state in the financial services sector and for the protection of the investor shall be examined.  Particular attention shall be given to the powers and functions of the financial regulatory bodies namely the Central Bank of Malta, the Malta Financial Services Centre and the Malta Stock Exchange.  During the second part the Malta Financial Services Centre Act will be examined and the reasons motivating its
evolution into the present format will be considered.  The following issues will be focused upon: definition of offshore activity, meaning and types of offshore companies, comparison between the offshore non-trading and general trading company, functions and duties of the nominee company and of licensed nominees, confidentiality and
transitory provisions. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. D. Fabri
            Dr. A. Galea Salamone

CML 5002 Intellectual Property
An examination is undertaken of the economic purpose and scope of the law of industrial and intellectual property in Malta.  A legal analysis of Patents, Industrial Designs, Trade Marks, and Copyright will be carried out.  This includes requisites for registration, registration formalities, legal effects of registration, ownership of intellectual property, infringement, actions for infringement, ownership assignments, licenses, international arrangements and confidential information.  Furthermore, the impact of European Union Law on intellectual property rights, integration and harmonisation of intellectual property is referred to. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. R. Camilleri

CML 5004 Conversion, Amalgamation & Division of Commercial Partnership
The procedure and the legal implications involved in the conversion from one form of commercial partnership to another form will be considered in the first part of the course. The second part analyses the possible forms, the procedure and juridical effects of amalgamation of commercial partnerships under Maltese Law, specifically it will consider the absorption and merger of existing partnerships and the creation of a new partnership under these procedures.  The final part of the course will deal with the division of commercial partnerships as regulated by the new Companies Act 1995, particularly it will examine division by acquisition, division by the formation of new companies and the division under the supervision of the court. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits
Lecturer: Dr. A. Galea Salamone 
CML 5005 Bankruptcy of Individual Trader
The unit examines the legal aspects of bankruptcy of individual traders, specifically it analyses in an extensive manner the concept of suspension of payments of debts under Maltese law and the notion of collective proceedings in order to obtain what is due, and on the other hand it deals with the issue of the obligations and liabilities of the bankrupt debtor and the rights and remedies available to a creditor of a bankrupt debtor.  In addition, the courses considers the history of bankruptcy law in Malta, the objectives of the bankruptcy regime, court jurisdiction, juridical differences and similarities between bankruptcy and insolvency and the legal elements of bankruptcy, proof of debts, the declaration of bankruptcy, fraudulent trading and wrongful trading, curators in bankruptcy, the effects of adjudication in bankruptcy, the composition, and rehabilitation and discharge.

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturer: Dr R.Zammit Pace
 

European Law

ECL 5003 Commercial Agreements under E.C Competition Law
This unit is designed as a follow-up to the basic introduction to EC Competition Law which third year law students are given as part of the European Union Law course.  The course will therefore examine specific types of vertical and horizontal agreements and through an analytical study of the relevant case-law, block exemptions and guidelines demonstrate how the principles governing Art 81 which were introduced to students during their third year as part of the European Union Law course are applied in practice to these particular types of agreements which form the structure of today’s business. At the same time for the student who intends to pursue studies at Masters level this course will serve as a useful intermediate course to enable him/her to prepare for a more in-depth and comprehensive study of EC Competition law. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. E Buttigieg

ECL 5002 Free Movement of Persons in the European Union
This course provides participants with an introductory background of developments, as well as knowledge of various aspects relating to the free movement of persons in the European Union.  Particular attention will be paid to directives and various measures adopted by the European Union on the subject.  Reference will also be made to judgments delivered by the European Court of Justice over the past years, as these help participants get a clearer picture in so far as the interpretation and application of these measures is concerned. The course will consist of seven fortnightly sessions of two hours each which will cover topics such as the economic origin of the principle of free movement; non-discrimination as a general principle of Community law; the free movement of workers and its limitations; third country nationals; the free movement of students and EU citizenship. Students will be expected and encouraged to participate and discuss during lectures. This is important for the final assessment that will be based on class participation and a written assignment or test. 

Credit Value: 1 Credit 
ECTS equivalent: 2 Credits 
Lecturer: Dr. Gaby Pace
 

ECL 4002 National Constitutions and a Constitution for the European Union: Main Issues
The course examines the constitutional acquis of the EU against the background and in the light of national constitutions. The context is the future of Europe debate. It explores the main issues, with a view to raising the main issues and considering the possible developments in the institutional and policy reform of the European Union, and the implications from the perspective of national constitutions.

Credit Value: 1 credit
ECTS equivalent: 2 credits
Lecturer: Prof. P.G.Xuereb

EST 3140 Current Issues in European Integration
This European Jean Monnet module is intended to familiarise and update students across various disciplines on topical issue related to European Integration. Divided into three parts the course in 30 hours of lectures delivered by a number of lecturers all specialised in their respective fields covers first the various legal, institutional and constitutional ramifications of the current debate on the future of Europe, then the economic relationship of the EU with the WTO to federalism in competition law enforcement, economic and monetary union and the impact of enlargement on regional policy and social cohesion and finally it turns to the social impact of integration looking at citizenship and workers’ rights, immigration and asylum policy, human rights and operation in criminal matters.

Credit Value: 2 Credits 
ECTS equivalent: 4 Credits 
Lecturer: Dr. E. Buttigieg
 
 
 
 
 

LL.D III Year

First Semester

PBL 5010 Bioethics 
This unit consists of 14 lectures:

1. Fundamentals of Bioethics
A discussion of the fundamental rules and principles of bioethics. In particular the principles of beneficence, justice and respect for autonomy are covered; plus a discussion of the rules of veracity, fidelity and confidentiality.

2. Research Ethics
A discussion of the modern view of research ethics in health care and technology that involve the participation of human subjects. The question of research is put into the historical perspective of the Nuremberg trial and code.

3. Patient Rights
The objective of this lecture is to give students a modern perspective of patient rights, charters and code of ethics and a full discussion of the Maltese perspective. It also addresses patient rights in special circumstances, namely, young adults, elderly, disabled people and rights of parents to take medical decisions for their children.

4. ‘Sanctity’ vs. ‘Quality’ of Life issues 
The aim of this lecture is to put the student into a modern perspective of what we mean by ‘sanctity’ as against ‘quality’ of life issues relating to selective abortion of genetically or congenitally malformed fetuses, selective non- treatment of malformed newborns, terminally ill patients who consider themselves as having a life not worth living, such as paraplegics and the severely disabled/ill.

      5. End of Life issues
This lecture addresses problems of the ending of human life from abortion to euthanasia; a distinction between ordinary and extraordinary treatment; and Advance Directives and power of Attorney for people unable to make competent choices. The student should be able to understand clearly the definition of abortion and the distinction between abortion, discard and infanticide.

6. Justice and Allocation of Resources
The objective of this lecture is to allow the student to think in terms of the resources a country or health care system has as opposed to all the theoretically available technology and medications. The problem also addresses choices made health care teams in selecting patients for organs. It thus addresses the utilitarian versus the deontological modes of making such choices.
 

7. Organ Donation
The lecture addresses organs as a scarce resource; methods of obtaining organs (the opt-in and opt-out systems, and the mandated choice); allowing young people and children to donate to family members; and finally the ethics involved of health care teams (that of the donor and that of the recipient). Also the student is made aware of what is an organ (e.g. Bone Marrow; Blood).

8. Management of Medical Information
This is an important lecture tailored for the law student. It tackles the question of ‘Ownership” of Information, Confidentiality, Truth Telling, Informed Consent, Self Determination, Advance Directive etc. Although some of the topics would have been introduced in previous lectures, the aim of this lecture is to focus on the use, protection and ownership of medical information.

9. Eugenics and Human Genetics
 The objective of this lecture is to discuss clearly the real threats of genetic technology in modern society, with a focus on Malta. The question of legislation, data banks, use of genetic information by insurance companies and employers, and the possibility of selective discard of fertilized ova in the quest for the ‘perfect baby’ are discussed. The student should have a clear idea of the dangers Malta stands with foreign companies who failed to operate in countries where legislature exists, who attempt to succeed here.

       10.Reproductive Technology and Surrogate Parenting
The aim is to discuss the ethics of surrogate parents, and to acquire a working knowledge of existing reproductive technologies, with respect to discard of unused embryos.

11.Public Health
The question of public interest and confidentiality; allocation of resources; quarantine; the global AIDS epidemic and epidemiological studies. The student should have a clear vision of what the responsibilities of government and Departments of Health have towards society. Also occupational health, the armed forces and police.

       12. Health Care Systems 
The concept of Managed Care; Private vs. State Health care system, National Health Schemes and the problem of Insurance. The Student should have a clear idea between the different health care systems, which exist in libertarian, and welfare states so as to put Malta in this perspective. 

        13. Death and Definitions of Death
The importance of the concept of death in various situations, what do we understand by death, evolution of ‘Brain Dead’ criteria and ‘Non- Heart Beating Cadavers. Why do we need definitions of death? Is death a process? The Pittsburgh Protocol (Advantages and Disadvantages) is debated.
 
 

        14. Professional Ethics
The Hippocratic Oath has been around for thousands of years; the Nuremberg Code and the Declaration of Helsinki reflect its spirit in modern language. Is the Oath outdated? The question of professional ethics and their changeability is discussed; the telos of the doctor- patient relationship. This is contrasted to other kinds of professionally relationships; in particular the lawyer, Insurance and Journalistic.

Credit Value: 2 Credits
ECTS equivalent: 4 Credits
Lecturer: Dr. P. Mallia

CVL 5002 Conveyancing Law and Notarial Practice
The first part of this unit deepens, from a practical angle, some issues of Notarial Law and systems of registration which were raised in NS001 and NS004. The second part goes beyond what was covered in NS003 and addresses problems newly-qualified notaries encounter when drafting preliminary agreements, notarial deeds inter vivos and wills, notes of enrolment and hypothec, applications for registration of title to land and registration of charges and cautions. 

The study-unit is tailor-made for students who are preparing to take the State examination leading to the grant of the warrant that entitles them to practise as Notaries Public. Accordingly, only students who have registered with the Notarial Council as candidate notaries and who are actually taking their notarial practice in terms of Notarial Law may participate in this course.

Credit Value: 4 Credits
ECTS equivalent: 8 Credits
Lecturer: Notary J. Scriha/ Dr. M. Felice
 
 
 


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