Study-Unit Description

Study-Unit Description


CODE CVL2008

 
TITLE Law of Property

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

 
MQF LEVEL 5

 
ECTS CREDITS 8

 
DEPARTMENT Civil Law

 
DESCRIPTION This study-unit is taught during the second semester of the LL.B. degree. It examines the concept of patrimony in Civil Law. After making the traditional distinction between iura in rem and iura in personam, a more specific analysis is made of the concept of real rights. The right of ownership, the principal real right of enjoyment, and related actions are examined in some detail. We also deal with the concept of possession in Civil Law both from the point to view of a de facto exercise of real rights and as an element for acquisitive prescription. The juridical remedies for the protection of possession are examined in some detail. We then focus on the mode of acquisition of real rights by lapse of time (acquisitive prescription) and the mode of extinction of rights and actions by lapse of time (extinctive prescription). Although the two institutes are conceptually distinct, they are dealt with under the same title in the Civil Code, and the unit attempts to follow the traditional but more importantly the contemporary treatment of the subject. Finally the unit focuses on four important areas of Property law, corresponding to: (a) the Law of Expropriation, (b) that concerning Usufruct, Use and Habitation, (c) the Law of Servitudes and (d) the institute of Emphyteusis. Students will be expected to demonstrate a thorough knowledge of Maltese Law insofar as the subjects covered are concerned. This also necessitates an awareness of the opinions of leading Continental jurists.

Erasmus/Socrates students should not take this study-unit as it focuses particularly on Maltese law and jurisprudence and would be difficult to follow for someone who does not know Maltese.

Learning Outcomes:

On completion of this study-unit, students should:
- Have a fairly thorough understanding of the key institutions by which Real rights are defined, created, acquired, transmitted and protected under the Civil Code, including Ownership, Possession, Prescription, Praedial Servitudes, Usufruct and Emphyteusis;
- Be in a good position to undertake the study of the Law of Obligations, having mastered the fundamental patrimonial building blocks of the Civil Code;
- Have acquired the ability to research particular legal issues by finding and analysing the copious jurisprudence of the Maltese courts and consulting important texts written by leading Continental jurists;
- Be able to appreciate the relationship between Property law, Human Rights law and key Public law statutes such as those relating to Expropriation or Planning;
- Have trained themselves to memorize many of the fundamental provisions of the Civil code and the leading case decisions relating to this important field of law.

Selected Bibliography:

- V. Caruana Galizia, Civil Law Notes, “Of Things”, Malta University Press.
- Ugo Mattei, 2000, Basic Principles of Property Law: A Comparative Legal and Economic Introduction (Contributions in Legal Studies), Greenwood Press.
- 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.
- Peter Birks, 1989, New Perspectives in the Roman Law of Property: Essays for Barry Nicholas, Oxford: University Press.
- H. Mazeaud (Author), F. Chabas, 1999, Droit civil, LGDJ / Montchrestien.
- Beaudry-Lacantinerie & Wahl, Traité de droit civil, 3rd edition.
- A. Torrente e P.Schlesinger, 2007,Manuale di Diritto Privato, Edizione n.12, Giuffre Editore.
- Bianca Massimo C., 2001, Diritto civile. Vol. 6: La proprietà. Editore A. Giuffrè.
- Francesco Galgano, 1999 Diritto Privato CEDAM; 10. ed.

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

 
STUDY-UNIT TYPE Lecture, Seminar and Tutorial

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Assignment SEM2 No 20%
Examination (3 Hours) SEM2 Yes 80%

 
LECTURER/S Phyllis Aquilina (Co-ord.)
Peter Borg Costanzi
Patrick J. Galea

 

 
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