| CODE | CVL1027 | ||||||||||||
| TITLE | Basic Notions of Civil Law and Procedure | ||||||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||||||
| MQF LEVEL | 5 | ||||||||||||
| ECTS CREDITS | 4 | ||||||||||||
| DEPARTMENT | Civil Law | ||||||||||||
| DESCRIPTION | This study-unit provides a basic understanding of Maltese civil law and procedure. It delves into the basic differences between civil and criminal law and between the civil courts and the courts of criminal judicature. It discusses the basic features of the matrimonial regimes, personal separation and divorce. Other aspects studied in this study-unit comprise ownership/rights of possessors; usufruct; and succession. Contract, quasi-contract, tort and quasi-tort are also considered together with the types and effects of obligations; sale; emphyteusis; lease; mandate; privileges and hypothecs; prescription; and the main features of civil procedure. Study-Unit Aims: This study-unit is aimed to provide students studying to beomce legal procurators a basic understanding of Maltese civil law and procedure and of the basic differences between civil and criminal law and between the civil courts and the courts of criminal judicature. It also contributes to students understanding the salient and basic features of civil law and procedure. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) identify the main pertinent legislation on civil law and procedure; (b) discuss each main field of Maltese civil law; (c) write about the legal system applicable in the field of civil law and procedure. 2. Skills: By the end of the study-unit the student will be able to: (a) apply relevant legislation in the civil law and procedure field to given facts; (b) discuss at a basic level the relevant judgments in the civil law field; (c) argue the civil law aspects relating to criminal law issues. Main Text/s and any supplementary readings: Main Texts: - Civil Code - Chapter 16 of the Laws of Malta. - Code of Organisation and Civil Procedure - Chapter 12 of the Laws of Malta. - Joseph Max Ganado, 'Third Year Lecture Notes in Civil Law' (Malta University Press, Msida, 1978. Supplementary Readings: - 1989, Cappelletti, M. 'The judicial process in comparative perspective', Oxford: Clarendon Press. - 2000, Jolowicz, J.A. 'On Civil Procedure', Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press. - 2007, Gordley, J, 'Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment', Oxford: University Press. - 2000, van Gerven, W, Lever, j, and Larouche, P, ''Cases, materials and text on national, supranational and international Tort Law'', Hart Publishing, Oxford. - 1998, Zweigert, K and K枚tz, H, 'An Introduction to Comparative Law, Chapters on Contract, Tort and Unjustified Enrichment)鈥�. |
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| STUDY-UNIT TYPE | Lecture | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Mattia Felice Vincent Galea Mary Muscat Kurt Xerri |
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The University makes every effort to ensure that the published Courses Plans, Programmes of Study and Study-Unit information are complete and up-to-date at the time of publication. The University reserves the right to make changes in case errors are detected after publication.
The availability of optional units may be subject to timetabling constraints. Units not attracting a sufficient number of registrations may be withdrawn without notice. It should be noted that all the information in the description above applies to study-units available during the academic year 2025/6. It may be subject to change in subsequent years. |
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