/library/oar/handle/123456789/90677 2025-12-21T23:06:56Z 2025-12-21T23:06:56Z /library/oar/handle/123456789/129856 2024-12-17T08:39:20Z 2024-01-01T00:00:00Z

Title: Witnessing in Maltese notarial law : assessing legal implications, necessity, and contemporary relevance Abstract: This report offers an in-depth examination of witnessing requirements within Maltese notarial law, focusing on their legal significance, evolving role, and current relevance. It charts the development of testamentary formalities from Roman times to modern Maltese statutes, highlighting changes in the role of witnesses over time. Key to this analysis is Act LI of 2021, which introduces significant reforms, including the possibility of waiving witness requirements in certain cases. The report addresses critical legal concerns such as duress, undue influence, and testamentary capacity, and explores how these issues intersect with witnessing practices. Furthermore, it evaluates the impact of technological advances and the COVID-19 pandemic on legal flexibility, considering whether these developments meet contemporary needs while maintaining the integrity of the will-making process. Description: LAW5006_Professional Practice for Notaries

2024-01-01T00:00:00Z /library/oar/handle/123456789/129855 2024-12-17T08:37:36Z 2024-01-01T00:00:00Z

Title: Testamentary evolution : a comparative analysis of forms of wills throughout history Abstract: The concept of a will, or testament, has been central to the legal systems of many cultures throughout history. In Malta, testamentary practices have evolved significantly over the centuries, shaped by various legal traditions, including Roman, Norman, and French influences. This report seeks to explore the historical evolution of these practices in Malta, compare them with the testamentary laws in Italy, and examine the implications of these developments for contemporary notarial practice. 1.1 Purpose and Objectives: The primary objective of this report is to provide a comprehensive analysis of the evolution of testamentary practices in Malta, focusing on the various forms of wills recognised by Maltese law and how these forms have changed over time. It aims to uncover the cultural, social, and legal influences that have shaped Maltese testamentary law through an examination of the historical development of these practices. Additionally, the report will offer a comparative perspective by analysing how these practices in Malta align with or diverge from those in Italy. Given the shared Roman legal heritage of both countries, this comparison will highlight the similarities and differences in their legal approaches to testamentary matters, providing valuable insights into the unique trajectories of these two legal systems. 1.2 Research Questions: The following research questions have been formulated to guide the analysis: • How have testamentary practices in Malta evolved over time, and what historical and cultural factors have influenced these changes? • What are the different forms of wills recognised in Maltese law, and how do they reflect the historical development of the legal system? • How do Maltese testamentary practices compare with those in Italy, particularly in terms of legal requirements, formalities, and cultural influences? These research questions will serve as the foundation for the subsequent chapters, guiding the exploration of testamentary evolution in Malta and the comparative analysis with Italian law. 1.3 Research Methodology: This report employs a qualitative research approach aimed at examining and interpreting the laws governing wills in both Malta and Italy. The study primarily focuses on document analysis, where legal codes, particularly the Maltese Civil Code and Italian Civil Code, were thoroughly examined to identify key provisions relating to testamentary practices. The research also integrates a comparative analysis, structured through two main methods: direct comparison of legal provisions and thematic comparison. Legal provisions from Maltese and Italian law were systematically compared to highlight differences and similarities. The thematic approach allowed for the grouping of issues related to capacity, validity, and formalities across the two jurisdictions. Description: LAW5006_Professional Practice for Notaries

2024-01-01T00:00:00Z /library/oar/handle/123456789/129854 2024-12-17T08:30:45Z 2024-01-01T00:00:00Z

Title: Blockchain and smart contracts : is this the future for notarial practices in Malta? Abstract: The Notarial profession has existed for many years, evolving through numerous developments aimed at enhancing its practices. However, despite these advancements, the notarial profession has not significantly embraced major technological innovations in its day-to-day tasks. As guardians of the public trust, notaries play a crucial role in securing transactions and fulfilling specific legal requirements. Yet, some would argue that some features of the notarial system are becoming somewhat outdated, prompting the need for technological integration. Blockchain technology and smart contracts present promising solutions for modernising and enhancing the existing notarial system on a national level. This professional report explores the potential integration of blockchain technology particularly, smart contracts into the notarial profession, examining how these innovations can benefit both current and future notaries. By demonstrating the synergy between blockchain and legal practices, I aim to illustrate a cooperative approach rather than a competitive one. Technology should not be seen as a threat but as a valuable ally that can streamline and enhance our daily tasks without replacing the core essence of our profession. The idea that legal systems could one day be replaced by technology is unsettling. Given the rich history that our notarial profession holds, it is crucial to maintain the human element that has been its cornerstone for centuries. This report seeks to show how blockchain can be used to facilitate our work as notaries, ensuring that technological advancements serve as tools to enhance our profession rather than replace it. By embracing these innovations, we can preserve the legacy of our ancestors while adapting to the demands of the digital age. Thus, such technological advancements are both inevitable and essential. One such innovation that holds the promise of reshaping various sectors is blockchain technology. Blockchain has evolved to offer a secure, decentralized, and transparent method for recording transactions and data. A key derivative of this technology is the smart contract, which automates and enforces the terms of agreements without the need for intermediaries. In Malta, a country known for its progressive stance on blockchain adoption, the integration of blockchain and smart contracts into notarial practices presents an intriguing possibility. By examining the current state of notarial practices in Malta, the inherent advantages of blockchain and smart contracts, and the regulatory landscape, this paper explores the feasibility, benefits, and challenges of implementing blockchain and smart contracts in Maltese notarial services, assessing whether or not this technological fusion could represent the future of this profession. In this report, a thorough and critical analysis will be conducted to assess the feasibility of integrating blockchain technology and smart contracts into the daily tasks of notaries. This shift is far from straightforward and carries potential repercussions that must be carefully considered. The study aims to identify the most suitable features of these technological advancements that could be incorporated into our notarial profession. Given that Maltese law currently lacks regulation in the realm of digital assets for notaries, the research will include a comparative analysis of other legal systems to develop informed proposals for Maltese legislation. By examining how similar issues are addressed in different jurisdictions, this international perspective will provide a deeper understanding of the Maltese legal framework and help formulate practical recommendations for the successful integration of these innovations. Description: LAW5006_Professional Practice for Notaries

2024-01-01T00:00:00Z /library/oar/handle/123456789/129853 2024-12-17T08:28:59Z 2024-01-01T00:00:00Z

Title: Protecting the purchaser from entering into transfers of property not according to planning permits Abstract: This report focuses on the role of the Notary in Malta in protecting purchasers from acquiring immovable property that does not comply with planning permits. The report is structured into three chapters. Chapter 1 delves into the current mechanisms through which the Notary safeguards the interests of the purchaser. This includes the advice provided by the Notary during the transaction process and the standard clauses that are typically inserted into the deed of sale to protect the purchaser. The chapter also explores the legal presumption that immovables are sold in accordance with valid permits, placing the onus on the vendor to ensure compliance. Moreover, it discusses the legal position of the purchaser and the extent to which the law assumes that the property being sold adheres to the relevant planning regulations. Chapter 2 undertakes a comparative analysis between the Maltese system and that of Livorno in Italy. Both Malta and Livorno operate under Continental law, yet Livorno has implemented certain procedures that may offer better protection for purchasers. This chapter examines these procedures in detail, particularly the requirement in Livorno for vendors to submit a certificate of habitation as part of the documentation provided to the Notary at the time of sale. The analysis seeks to identify best practices that could be adapted to the Maltese system to enhance purchaser protection. Chapter 3 presents the writer's personal observations and suggestions for improving the current system in Malta. It also addresses the potential challenges that could arise from implementing these recommendations, particularly in terms of resistance from stakeholders and the complexities of changing established legal practices. The chapter aims to foster a discussion on how to strengthen the role of the Notary in ensuring that properties sold are fully compliant with planning permits. Description: LAW5006_Professional Practice for Notaries

2024-01-01T00:00:00Z