Study-Unit Description

Study-Unit Description


CODE CVL3034

 
TITLE Nominate Contracts

 
UM LEVEL 03 - Years 2, 3, 4 in Modular Undergraduate Course

 
MQF LEVEL 6

 
ECTS CREDITS 6

 
DEPARTMENT Civil Law

 
DESCRIPTION The aim of this study-unit is to introduce students to the in depth study of the nominate contracts which play a pervasive role in the field of private economic interactions. This study-unit is tackled through an examination and comparison of local and foreign legal provisions, making reference where relevant to case studies and Court judgments. Students will be made familiar with a number of nominate contracts found in the Maltese Civil Code which are of common application, with a particular focus on the contracts of Letting and Hiring and of Sale and excluding certain other nominate contracts which are taught in the context of other study units. As regards the contract of Letting and Hiring, the focus will be on this contract as it is found in the Civil Code and excluding the more recent statutes. As regards the contract of Sale, this unit comprises of an in-depth study of the nature of Preliminary Agreements, the legal role of the Broker, the Warranties of the Seller, the Obligations of the Buyer and the Assignment of Debts and other Rights. Other contracts focused on include the contract of loan for use (Commodatum), precarious loan (Precarium), loan for consumption (Mutuum), Mandate, Deposit and Gaming and Betting. Other minor “stand-alone” contracts will also be included but no detailed knowledge will be required. Emphasis will be made on a number of practical implications and applications with a critical appreciation of continental legal systems, case-law, and practical current problems and issues. Students will be expected to consult relevant text books and articles as well as the most recent Maltese case law on these contracts.

Study-unit Aims

This Study-unit aims to impart to students:

1. An overall appreciation and understanding of a number of nominate contracts which are of a common and daily application;
2. An understanding and knowledge of current legislation and the legal issues relevant to these contracts;
3. A hands-on approach towards the practical issues arising from the formulation and enforcement of these contracts;
4. An appreciation of the importance of built in limitations in order to avoid abuse;
5. An appreciation of the role of the lawyer and / or notary as regards the serious implications of these contracts, the interplay between them and the potential for abuse.

Learning Outcomes

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

- Understand the basic structure of the Civil Code provisions regulating the law of Letting and Hiring, of Sale and that of Loan, Mandate, Deposit and the other contracts reviewed and also have a knowledge of the leading Court decisions relating to these contracts.

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

- Connect the general principles about the law of Obligations, which they would be learning at the same time, to these two major contracts. In particular, students will be expected to understand the role played by such basic doctrines as those relating to risk, responsibility, ownership and the interplay between contractual and tortuous principles in regard to each of these major contracts;
- Locate Maltese law, insofar as it treats of these contracts, in comparison to other Civilian systems;
- Undertake a more advanced study and specialised study of aspects of these major contracts in connection with other study units in Civil and Commercial law;
- Be able to apply this knowledge to provide practical solutions to real-life problems.

Main Text/s and any supplementary readings

"Of the Contract of Letting and Hiring", Book 2, Part 2, Title IX; “Of Sale”, Book 2, Part 2, Title VI, “Trusts and their Effects”, Part II, Title IIIA –, “Obligations in General (Fiduciary Obligations, Proof of obligations)”, Title IV, “Marriage Contracts”,–Title V –Title XII, “ Gaming and Betting”, Title XV – “Loan for Use or Commodatum”, Title XVI – “Precarious Loan or Precarium”, Title XVII – “Loan for Comsumption or Mutuum”, – Mandate, Title XIX – Deposit;Title XVIII, Book Second of the Civil Code; Chapter 16 of the Laws of Malta.

Chapter 12 of the Laws of Malta – Code of Organization and Civil Procedure, Part II –Title IV – Interdiction and Incapacitation: http://www2.justice.gov.mt/lom/chronological_index.asp

Prof.V. Caruana Galizia, Notes on the Contract of Sale and on other Contracts, Gh.S.L. Publications
Dr Philip Farrugia Randon , The Word of the Court – Volumes 7 and 13
Cian Giorgio, Trabucchi Alberto, 2005. Commentario breve al Codice civile
Complemento giurisprudenziale, CEDAM: Breviaria juris
Carbonnier, Jean 1977, Droit Civil: Presses Universitaires De France, Paris
H. Mazeaud et al., Lecons de droit civil (Principaux contrats: vente et echange), M. de Juglart ed. 7th ed. 1987
Zimmermann, Reinhard 2006. «Comparative Law and the Europeanization of Private Law» in Zimmermann, Reinhard
Reimann, Mathias, The Oxford Handbook of Comparative Law, Oxford: University Press

Recent Maltese Jurisprudence - to be referred to during the lectures.

 
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 (2 Hours) SEM1 Yes 100%

 
LECTURER/S Patrick J. Galea
Lawrence Quintano
Kurt Xerri (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