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Study-Unit Description

Study-Unit Description


CODE CVL5048

 
TITLE Real Estate Law

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT Civil Law

 
DESCRIPTION This study-unit will focus on property acquisitions and investments encompassing various types of properties or dwellings such as houses, maisonettes, apartments, and flats, with a notable emphasis on commercial purposes, including developments, projects, office spaces, and retail outlets. This unit will address matters pertaining to contracts and legal consequences involved in various ways, through leasing agreements, sale and buy transactions, inheritance, transfers and others. In spite of the increasing pace of property development, the real estate market in Malta exhibits a tangible inclination towards appreciation. Thus with an ongoing trend of foreign investors actively pursuing high-quality properties, encompassing both residential and commercial uses, across diverse areas within the Maltese islands is anticipated to persist, learners are required to familiarise with tax requirements, licences, permits and matters pertaining to all legal needs.

Study-Unit Aims:

- to provide students who do not have a legal background with a comprehensive understanding of the the sources of Maltese law that regulate the field of real estate.
- to introduce students to case law on the subject and required to delve into particular case studies.

Learning Outcomes:

1. Knowledge & Understanding:

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

- Understand and discuss legal principles relating to the law of property as they emerge from the various sources of Maltese law;
- Examine and apply legal terms and legal procedures relating to the law of property and the general position of the law in this respect;
- Identify the relevant parties involved in property transactions and which are the institutions that regulate property law.

2. Skills:

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


- Explain legal obligations and titles to the understanding of land use and land management;
- Provide and choose the necessary procedures and identify the authorities responsible for their implementation;
- Explain and evaluate the risks and burdens involved as a result of these legal obligations imposed by property law when determining land value.

Main Text/s and any supplementary readings:

Main Texts:

- Ugo Mattei, 2000, Basic Principles of Property Law: A Comparative Legal and Economic Introduction (Contributions in Legal Studies), Greenwood Press.

Supplementary Readings:

- Henry Dyson, 2003, French Property and Inheritance Law: Principles and Practice, Oxford: University Press.
- James Gordley, 2007, Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment, Oxford: University Press.
- Sjef Van Erp, 2007, European and National Property Law: Osmosis or Growing Antagonism? (Walter Van Gerven Lectures), Europa Law Publishing.

 
STUDY-UNIT TYPE Lecture and Tutorial

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

 
LECTURER/S

 

 
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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