| CODE | LAW5075 | ||||||||
| TITLE | Basic Notions of Family Law | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Faculty of Laws | ||||||||
| DESCRIPTION | The study-unit in so far as it deals with basic notions of family lawand in particular these three clusters: Cluster 1: will cover topics relating to Rights and Duties Arising from Marriage, Cohabitation and Civil Union, Parental Authority,Access, Maintenance, Matrimonial/Cohabitation Residence, basic Property Law (testamentary dispositions, paraphernal property, community of acquests, separation of estates). . Cluster 2: Separation, Divorce, Civil Annulment, Catholic Matrimonial Annulments, and the Recognition of Marriages. Cluster 3: Minority, Filiation, Tutorship, Curatorship, Interdiction and Incapacitation, Fostering, Adoption, Court 福利在线免费 (FSWS) and Child Advocates. Throughout the study-unit, reference will be made to domestic and foreign judgements as well as decisions of the European Court of Human Rights in order to highlight the human rights elements of family law. A comparative approach will be encouraged and contemporary articles in legal journals will also be referred to throughout the lectures. Study-Unit Aims: Family Law aims to provide students with a basic understanding of the institutes relating to Family Law embodied in the Civil Code under the title 鈥淥f Persons鈥� and to examine the main provisions of the Promises of Marriage Law and the Marriage Act. In this way, students will familiarise themselves with the basic concepts of Maltese Family Law and will also consider such branch of the law from a human rights and private international law perspective. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) understand the basic tenets of Family Law; (b) distinguish between marriage, civil union, cohabitation structures; (c) appraise the effects of separation, divorce and annulment of these structures; (d) appreciate family law issues as human rights issues within the ECHR. 2. Skills: By the end of the study-unit the student will be able to: (a) apply the principles of Family Law to cases referred to mediation; (b) effectively gather information and coordinate with other legal professionals such as Child Advocates and Social Work Professionals; (c) accurately draft legal documents to be presented before the Family Court Judge/s as expected by mediators in the course of their work; (d) critique matters and issues presented by the legal representatives during the mediation process; (e) Predict and liaise with the relevant professionals the outcome/s regarding the 鈥榖est interests of the child鈥�. Main Text/s and any supplementary readings: Selected Readings: Abela A., Farrugia R., Rol茅 J. Children鈥檚 Perceptions of their Experience in Residential or Foster Care - Malta, Dept of Welfare pub 2001 Casals, M. M. Divorce Mediation in Europe: An Introductory Outline, Electronic Journal of Comparative Law, vol. 9.2 (July 2005), http://www.ejcl.org Farrugia R., Parentage and Civil Status Matters, Council of Europe, 1999, p115-126, Proceedings XXVIIth Colloquy on European Law 鈥� Council of Europe (Malta), http://www.coe.int/t/e/legal_affairs/legal_cooperation/family_law_and_children's_rights/conferences Farrugia, R(2004), CHILD LAW, in Law, [Eds. Aaron Schwabach, and Arthur John Cockfield], in Encyclopedia. of Life Support Systems (EOLSS), Developed under the Auspices of the UNESCO, Eolss Publishers, Oxford ,UK, [http://www.eolss.net] Farrugia R., 2006 鈥� Impact of Amendments of Act XLIII on Rights of Children Born out of Wedlock, Id-Dritt Law Journal, Vol. XIX.[ISBN -13:978-99932-0-473-2] Lawrie Maloney, Do Fathers win or do Mothers lose? A Preliminary Analysis of closely contested parenting judgments in the Family Court of Australia Parkinson, P. and Cashmore, J. Judicial Conversations with children in parenting disputes: the views of Australian judges, International Journal of Law, Policy and the Family, 21 (2007), 160鈥�189. 鈥淭he three parent case鈥�, AAvBB, Court of Appeal and Supreme Court of Ontario, 2007 Civil Code, Cap. 16 of the Laws of Malta Code of Organization and Civil Procedure, Cap 12 of the Laws of Malta |
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| STUDY-UNIT TYPE | Lecture | ||||||||
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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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