Study-Unit Description

Study-Unit Description


CODE CVL2000

 
TITLE Family Law

 
UM LEVEL 02 - Years 2, 3 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 8

 
DEPARTMENT Civil Law

 
DESCRIPTION This study-unit aims to provide students with a basic understanding of the institutes relating to Family Law embodied in the Civil Code which cover the main provisions of the Promises of Marriage Law, the Marriage Act, separation and amendments subsequent to Act XIV.2011 ( Divorce), and Chapters 285, 287, 491, 495 etc relating to children. It also explores the different legal regimes by which matrimonial life may be administered giving particualr attention to Community of Acquests and Community of Residue under Separate Administration (CORSA) as well as Separation of Estates.

Students examine contemporary notions of family within family law and carry out a close reading of the sections of the Civil Code and other pertinent legislation. Students are also taught and encouraged to critically review court judgments in the field of family law and to make comparative analysis of the law and practice in similar jurisdictions.

Although the numbers of students taking this unit inhibit much interaction in the class setting, the unit is supplemented with two seminar sessions to encourage students to present their analysis and appraisal of set assignments in a small group.

This study-unit aims to provide students with a basic understanding of the institutes relating to Family Law embodied in the Civil Code which cover the main provisions of the Promises of Marriage Law, the Marriage Act, separation and amendments subsequent to Act XIV.2011 ( Divorce), and Chapters 285, 287, 491, 495 etc relating to children. It also explores the different legal regimes by which matrimonial life may be administered giving particualr attention to Community of Acquests and Community of Residue under Separate Administration (CORSA) as well as Separation of Estates.

Students examine contemporary notions of family within family law and carry out a close reading of the sections of the Civil Code and other pertinent legislation. Students are also taught and encouraged to critically review court judgments in the field of family law and to make comparative analysis of the law and practice in similar jurisdictions.

Although the numbers of students taking this unit inhibit much interaction in the class setting, the unit is supplemented with two seminar sessions to encourage students to present their analysis and appraisal of set assignments in a small group.

Study-unit Aims

- to inform students of the law relating to family;
- to equip students to understand the main elements of family law practice, particularly relating to marriage and relationship breakdown.

Learning Outcomes

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

- Identify the main pertinent legislation on topics relating to family law;
- Establish the principle judgments dealing with family law;
- Demonstrate the connection between information and application in family related issues at law;
- Better understand the legal systems historically and currently applicable in the field, taking a comparative perspective.

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

- Locate and apply pertinent law relating to family relationships;
- Critically analyse court judgments;
- Adopt effective solutions to case law scenarios taken from practice;
- Resolve case studies relating to family law issues.

Main Text/s and any supplementary readings

Laws of Malta
Chapter 12
Chapter 16
Chapter 285
Chapter 287
Chapter 318
Chapter 364
Chapter 385
Chapter 410
Chapter 462
Chapter 491

French Civil Code
Borgetto M and Lafore R., Code de l’Action Sociale et Des Familles ( 1st Ed.) Dalloz, 2005
Italian Civil Code
Civil Code of Quebec
Civil Code of Louisiana

EU Regulations and Drafts, including
Regulation (EC) No 2201/2003
Regulation (EC) No 44/2001

UN Convention on the Rights of the Child

2013, Solidarity between generations, Fulchiron H. (ed) Bruylant, (ISBN 9782802739982)
2012, International Family Law, (2012) IFL 135-256, Farrugia R., The advent of a Divorce Law for Malta pp192-196
2011, Latest Developments in EU Private International Law, Campuzano Diaz B., Czepelak M., Rodriguez Benot A. and Rodriguez Vazquez A. (eds), Intersentia, [ISBN 978-17-8068-000-2]
2011, Jane Mair, Esin Örücü (eds), The Place of Religion in Family Law: A Comparative Search, Intersentia
2011, Patrick Parkinson, Family Law and the Indissolubility of Parenthood, Cambridge, ISBN 9780521116107
2010, Juxtaposing Legal Systems and the Principles of European on Parental Responsibilities, Mair J., and Örücü E. (eds.), Intersentia [ISBN ISBN 978-90-5095-979-7]
2009, European Family Law in Action. Volume IV - Property Relations between Spouses, Boele Woelki K., Braat B. and Curry-Sumner I. (eds.), Intersentia, ISBN 978-90-5095-893-6
2009, Cretney and Probert's Family Law (9781847035530) London: Sweet and Maxwell
2009, Fortin J., Law In Context: Children's Rights and the Developing Law 3rd ed, ISBN 9780521698016
2009, Compilation of Texts related to Child-Friendly Justice, Council of Europe, Access of Children to Civil Justice , pp 48-64 http://www.coe.int/t/dghl/standardsetting/childjustice/childfriendly_EN.pdf
2009, Family Finance, Verschraegen B. (ed), [ISBN 978-3-902638-10-6]
2009, The continuing evolution of family law, Editors: Lowe, N. and Douglas, G. (9781846611698) Bristol: Family Law
2008, Impact of EU Legislation on Maltese Family Law – National Family Commission, Malta, Research on the Family Series No.2 [ISBN 978-99932-0-591-3]
2008, Diduck A. (ed) , Marriage and Cohabitation: Regulating Intimacy, Affection and Care, Ashgate
2007, Brussels II BIS - Its Impact and Application in EU Member States. Boele-Woelki, K. and Gonzalez Beilfuss, C. (Eds), Intersentia pub. [ISBN978-90-5095-644-4]
2007, Juxtaposing Legal Systems and the Principles of European Family Law: Divorce and Maintenance. E. Örücü and J. Mair (eds), Malta Chapter, Intersentia pub. [ISBN 90-5095-577-0]
2007, ALEN A. et al (eds) Children’s Rights and the Family: Children’s Rights in Family Court Proceedings, Intersentia pub. [ISBN 90-5095-640-8]
2007, Family Law – Balancing Interests and Pursuing Priorities, Wardle L. (ed.) [ISBN: 0-8377-3834-2]
2007, 100 Years of Child Protection, Meuwese S., Detrick S. and Sjaak J. (eds) Wolf Legal Publishers, [ISBN 978-90-5850-294-0]

Selected papers from journals to be advised at the start of each year and made available on the VLE

All books available or on order

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

 
STUDY-UNIT TYPE Lecture and Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (3 Hours) SEM2 Yes 100%

 
LECTURER/S Mario Caruana
Jeanise Dalli
Lawrence Quintano
Ibtisam Sadegh
Robert Thake

 

 
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