| CODE | CVL1029 | ||||||||
| TITLE | Succession and Securities Legislation | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 8 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-units deals with two Civil Law institutes: succession and securities. The first distinguishes between testate and intestate succession, and explains the pertinent rules related to these modes of succession. The second covers dealing with securities and discusses the basic notions regulating creditors and their lawful causes of preference, foremost among them privileges and hypothecs. Also included are the contracts of surety ship, pledge and antichresis. Study-Unit Aims: This study-unit aims to impart knowledge to the study on the law of Succession and the Law of Securities. It aims to teach students the rules regulating succession, its diverse modes, the effects of succession on heirs and legatees and the elements of a will. Students will also be taught about the legal provisions regulating burdens which are placed upon properties by way of the contracts of surety ship, pledge and antichresis. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) write about the distinction between testate and intestate succession and in particular about unworthiness, disherison, representation, legacies, and collation. (b) distinguish between the rules which apply to the lawful causes of preference, principally privileges and hypothecs. (c) compare and contrast the institute of pledge and antichresis. 2. Skills: By the end of the study-unit the student will be able to: (a) identify the approaches taken by our courts to solve disputes frequently arising in connection with the law of succession. (a) apply the law to the facts at issue in relation to succession and securities law. (c) examine case law on succession and securities and determine how the legal principles of succession and securities are interpreted by the courts. Main Text/s and any supplementary readings: Main Texts: - Civil Code, Chapter 16 of the Laws of Malta. Supplementary Readings: - Cachia Simon (2005): An examination of the most significant amendments to the Law of Succession under Act XVIII of 2004, LLD Thesis, University of Malta, Msida. - Sammut Michaela (2006): A comparative study of the rights of the surviving spouse under the Law of Succession, LLD thesis, University of Malta, Msida. - Spiteri Jonathan (2008): Special hypothecs and special privileges over movables: reason, effects and implications, LLD thesis, University of Malta, Msida. - Vella Nicholas (1997): The institute of privileges in the Maltese Legal Context, LLD thesis, University of Malta, Msida. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Renzo Porsella Flores 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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