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Study-Unit Description

Study-Unit Description


CODE CVL1103

 
TITLE The Law of Procedure before the Civil Court (Voluntary Jurisdiction Section)

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Civil Law

 
DESCRIPTION This study-unit studies the procedure before the court of voluntary jurisdiction. The relevant provisions are found in articles 470 to 557 of the Code of Organization and Civil Procedure. Students will be taught the laws and case law relevant to the subject of this study-unit. The court of voluntary jurisdiction adopts a different procedure from the courts of contentjurisdiction.ious jurisdiction. So students' attention will be drawn to the different procedures between the court of voluntary jurisdiction and the court of contentious

Study-unit Aims:

The aim of this study-unit is to teach to the student the procedure before the court of voluntary jurisdiction dealing with the following subjects: the appointment of tutors, curators and other administrators; interdiction and incapacitation; presentation and publication of secret wills; declaration of an opening of a succession; inventory; execution of acts in pursuance of decrees of the court of voluntary jurisdiction; and the taxation of certain fees.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

(a) know the applicable rules of procedure relating to the opening of succession;
(b) understand the procedure concerning the appointment of tutors, curators and other administrators;
(c) know the procedure regarding the execution of acts in pursuance of decrees of the court of voluntary jurisdiction;
(d) comprehend the rules concerning the taxation of certain fees.

2. Skills:
By the end of the study-unit the student will be able to:

(a) identify the law regulating the procedure regulating the opening of succession;
(b) interpret the procedure before the court of voluntary jurisdiction relating to the appointment of tutors, curators and other administrators;
(c) apply the rules regulating the taxation of certain judicial acts;
(d) write of the enforcement of decrees of the court of voluntary jurisdiction.

Main Text/s and any supplementary readings:

Code of Organization and Civil Procedure.
Professor Victor Caruana Galizia, 'Notes on Civil Law', Faculty of Laws, University of Malta.

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 Yes 100%

 
LECTURER/S Kevin Aquilina
Reno Borg

 

 
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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