| CODE | CVL4013 | ||||||
| TITLE | Registration of Acts and Titles | ||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||
| MQF LEVEL | Not Applicable | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Civil Law | ||||||
| DESCRIPTION | The study-unit introduces students to name-based systems of registration like the Public Registry, and map-based systems like the Land Registry, and analyses the co-existence of the two. It examines the extent to which the English model of land registration has been adapted to our Civil Law tradition where the only system of registration had been for a very long time the registration of acts rather than titles. Though the Land Registration Act is primarily one regulating the procedure for the registration of title to land, the problem is addressed whether the law has also introduced concepts of a substantive nature like a special form of ten-year acquisitive or extinctive “prescription” based primarily on registration. The study-unit includes an examination of the theoretical nature and practical implications of a title and a guaranteed title, the indefeasibility of the latter (ostensibly the cornerstone of any system of land registration), the instances where the register may be rectified, and the right to an indemnity. The re-proposed Central Registry Bill will also be discussed. Learning Outcomes The study unit aims at helping all students, independently of the legal career they intend to follow, to understand better the importance, for the benefit of third parties, of registration of acts and titles in the Public Registry and the Land Registry respectively. The analysis of the difference between the two should put them in a position to be able to decide whether the Central Registry, which is being proposed to amalgamate the two methods of registration, enhances the protection the law will give to owners of immovables and to third parties. Reading List: - The Public Registry Act (Chapter 56) - The Ecclesiastical Properties (Entities) Act (Chapter 358) - The Land Registration Act (Chapter 296) - The Civil Code (Chapter 16), passim - Farrand J T: Contract and Conveyance, Longman (the very brief section on registered titles). - Larsson G: Land Registration and Cadastral Systems, Longman. - Ruoff, Roper, Pryer and West: The Law and Practice of Registered Conveyancing, Sweet and Maxwell (the standard work on the subject) - Ruoff and West: Concise Land Registration Manual, Sweet and Maxwell - Thompson M, Barnsley’s Conveyancing Law and Practice, Butterworths (the chapters on land registration) Reports - Curtis G: Report on Land Registration in Malta (DOI 1959) - Ministry for Home Affairs: Discussion paper on proposed legislation to amend and consolidate laws relating to property transfers including proposals for ancillary initiatives (March 2000) - Law Commission: Land Registration for the Twenty-First Century, a consultative document (Law Com No 254, Cm 4027, 1998) - Ministry for Home Affairs: White Paper on the Central Registry Act, (April 2003) Bills - Bill No 16 (17.10.2003) entitled The Central Registry Act - Bill No 3 (16.05.2008) entitled The Central Registry Act Dissertations - Briffa M: Registration of Acts and Titles to ensure Certainty of Ownership, unpublished LLD dissertation, 2003 - Cauchi J: The Proprietary Registrable Act under the proposed Central Registry Act, unpublished LLD dissertation, Univ of Malta, 2004 - Cauchi J: Need for EU Coordination on Property Rights and Land Registration Systems, unpublished Mag Jur dissertation, Univ of Malta, 2005 - Cachia T: The Title and the Guaranteed Title in the proposed Central Registry Act, Univ of Malta, 2005 - Debono J: The Registration of Title to Land through Land Registration: Its Nature and Kind, unpublished dissertation, Univ of Malta, 1983 - Filletti J A: Some Legal Aspects of Land Registration, unpublished dissertation, RUM, 1969 - Fioretino S: Amendments in the proposed Central Registry Act which add to Certainty of Title to Ownership, Univ of Malta, 2004 - Muscat E A: Dealings with Registered Land under the Land Registration Act, 1981 unpublished dissertation, Univ of Malta, 1983 - Micallef F: The Indefeasibility of a Guaranteed Title under the Land Registration Act, unpubished dissertation, Univ of Malta, 1997 - Schembri L: Cautions and the Land Registration Act, unpublished dissertation, Univ of Malta, 2001 |
||||||
| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||
| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
|
||||||
| LECTURER/S | Clinton Bellizzi (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. |
|||||||