| CODE | CVL4026 | ||||||||||||
| TITLE | The Law of Succession | ||||||||||||
| UM LEVEL | 04 - Years 4, 5 in Modular UG or PG Cert Course | ||||||||||||
| MQF LEVEL | 6 | ||||||||||||
| ECTS CREDITS | 6 | ||||||||||||
| DEPARTMENT | Civil Law | ||||||||||||
| DESCRIPTION | This study-unit is tackled through an examination of a number of legal provisions under the Laws of Malta particularly the Civil Code and the Code of Organization and Civil Procedure. A reference to case studies, Court judgements and the comparative method, where applicable is made. Emphasis will also be laid on some critical appreciation of continental legal systems, case-law, and practical current problems and issues. The underlying legal principles which permeate and distinguish testate from intestate or legal succession, will be studied at some length. These will include, inter alia, opening of succession, forms of wills, the natural revocability of a will, capacity to dispose by will and capacity to receive by will, the relationship with the law of obligations, limitations imposed upon the testator, the disposable and non-disposable portion of an estate, the reserved portions and their nature, mode of enforcement including the action for abatement, contents of wills, the distinction between the universal successor (the heir) and the particular successor (the legatee), substitution, accretion, legal or intestate succession, representation and collation. Learning Outcomes: The main aim of this study-unit is to impart a sound understanding of the general principles applicable to the Law of Succession. This should enable students acquire: - An understanding and knowledge of current legislation and the legal issues relevant to the disposal of an estate; - An overall understanding and appreciation of estate planning; - Awareness concerning appreciation of intimate / family relationships and their relevance to disposing of one’s property at time of death; - Ethical issues surrounding the importance of a serene family environment; - The role of the lawyer or notary in recognising the interplay between law, society and the individual. Reading List: - Chapter 12 of the Laws of Malta – Code of Organization and Civil Procedure, Part II – Title III - Appointment of Tutors, Curators, Title IV – Interdiction and Incapacitation; Title V – Presentation and Publication of Secret Wills; - Title VI – Declaration of the Opening of Succession; Title VII – The Inventory. - Chapter 16 of the Laws of Malta - Civil Code, Book Second, Part II, Title III - Of Successions, Title IIIA – Trusts and their Effects, Title IV – Obligations in General (Subject Matter of Contracts, Interpretation of Contracts, Rescission); Title V – Marriage Contracts and Title XIV – Donations. - Notes on Civil Law - University of Malta, Prof Caruana Galizia as revised; Id-Dritt 2006 – Volume XIX, Various Articles. - Court Judgments – As indicated during Lectures. - Comparative Legislation and legal material including a number of LL.D. Thesis - As indicated during lectures. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||||||
| STUDY-UNIT TYPE | Lecture and Tutorial | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Peter Borg Costanzi Kurt Xerri (Co-ord.) |
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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. |
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