Study-Unit Description

Study-Unit Description


CODE CVL4025

 
TITLE The Law of Guarantees

 
UM LEVEL 04 - Years 4, 5 in Modular UG or PG Cert Course

 
MQF LEVEL 6

 
ECTS CREDITS 4

 
DEPARTMENT Civil Law

 
DESCRIPTION The study-unit examines the general principles of the law of guarantee and specific contracts of suretyship, pledge, pledge of securities and insurance policies, and ranking of Creditors, causes of preference to include privileges and hypothecs.

It aims to introduce the drafting and creation of technical instruments, the function of guarantees in the commercial and financial environments. The study-unit seeks to address the relationship between credit security and enforcement.

Study-unit Aims:

The study unit aims to explore:
- the validity of the constitution of various securities;
- the interface of various guarantees, such as pledge, setoff and assignment of claims in security;
- the application of these principles to various fact scenarios.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
- evaluate the ranking of creditors and the practical problems connected with the distribution of proceeds in ranking of creditors;
- relate and place in perspective strength of ranking and enforceability of a security;
- summarize the important principles which emerge from doctrine and jurisprudence relating to the above points.

2. Skills:

By the end of the study-unit the student will be able to:
- advise clients directly on law relating to guarantees;
- apply the principles found in the Civil Code relating to Guarantees in an analytical manner to particular fact scenarios;
- have a comprehensive view of how substantive and procedural law inter-relate in regard to the protection of the rights of creditors in this field of law.

Main Text/s and any supplementary readings:

- P Farrugia Randon, The Word of the Court, Suretyship Law (1993) Mid-Med Bank Ltd.
- J H and L Mazeaud, Leçons de Droit Civil, Tome 3 Vol 1, Sûretés - Publicité Foncière 7th edn by Yves Picod.(1999), LGDJ.
- G Cian and A Trabucchi, Commentario Breve al Codice Civile ( 2009) CEDAM-IPSOA.
- R Goode, Goode on Legal Problems of Credit and Security 4th edn by L Gullifer (2009) Sweet and Maxwell.
- Current Jurisprudence of the Courts of Malta as directed and indicated.

 
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
Assignment SEM2 Yes 40%
Examination (1 Hour) SEM2 Yes 60%

 
LECTURER/S Patrick J. Galea
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