Study-Unit Description

Study-Unit Description


CODE CML1000

 
TITLE Law of Commercial Procedure: Company, Shipping, Aviation and Intellectual Property Procedure

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Commercial Law

 
DESCRIPTION This study-unit provides students with a knowledge of the provisions of Maltese Law regulating the companies' registry, the maritime registry, the aviation registry and the action in rem as well as with a knowledge of the procedure for registration of trademarks and patents. Students will be taught the laws and case law relevant to the subject of this study-unit.

Study-unit Aims:

The aim of this study-unit is for students to study the functioning of other commercial registries - apart from the court registry - which are highly relevant to court proceedings. The main registries to be studied are: the companies registry established by the Companies Act; the Shipping Registry, established by the Malta Maritime Act; the Aviation Registry established by the Civil Aviation Act; the register of trademarks established under the Trademarks Act; and the register of patents established under the Patents and Designs Act. It will also study in rem proceedings under the Code of Organization and Civil Procedure.

Learning Outcomes:

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

(a) understand the laws of commercial procedure;
(b) know what are the requirements for registration of companies, ships, airplanes, trademarks and patents;
(c) comprehend the difference between in rem proceedings and in personam proceedings.

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

(a) identify the rules regulating the procedures followed by different commercial registries;
(b) distinguish between in rem and in personam proceedings;
(c) comment upon the different types of bodies corporate established under the Companies Act.

Main Text/s and any supplementary readings:

Companies Act
Merchant Shipping Act
Civil Aviation Act
Patents and Designs Act
Trademarks Act

 
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 SEM1 Yes 100%

 
LECTURER/S Kevan Azzopardi
Jeanine Rizzo
Nicholas Valenzia (Co-ord.)

 

 
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 2023/4. It may be subject to change in subsequent years.

https://www.um.edu.mt/course/studyunit