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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