| CODE | CVL5024 | ||||||||||||
| TITLE | Conveyancing Law, Condominia and Notarial Practice | ||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||
| MQF LEVEL | 7 | ||||||||||||
| ECTS CREDITS | 10 | ||||||||||||
| DEPARTMENT | Civil Law | ||||||||||||
| DESCRIPTION | The study-unit is divided into two segments: (1) The Law on Condominia, and (2) Conveyancing Law and Notarial Practice. The first segment discusses the nature and effects of co-ownership in blocks of buildings, complexes and groups of complexes where there are residential or other units each held pro diviso by separate owners, and areas, services and facilities used or enjoyed in common. The discussion will centre primarily on the parts of the law that override contractual agreements. It will also analyse the nature, effects and registration of sets of rules regulating the everyday relationship between co-owners with regard to the common parts they constantly use. Since the law is largely modelled on the Italian Civil Code, the approach will be comparative, taking into account the provisions of the Condominium Act as originally promulgated and as subsequently amended. The second segment examines in detail the most important issues in conveyancing: the preliminary agreement and its essential requisites, the examination of title, the civil and fiscal aspects of notarial acts and their drafting, registrations in the Public Registry and applications for first registration of title/registration of dealings in the Land Registry. It is highly recommended that students who choose this study-unit should have some experience of notarial practice as otherwise they will find this study-unit hard to follow. Study-unit Aims: The study-unit reviews holistically the salient features of substantive law regulating the conveyancing of immovable property, including apartments in blocks and other complexes, as well as various issues on the formalities of notarial acts and systems of registration. The study-unit supplements the notarial practice candidate notaries take prior to the State examination leading to the grant of the warrant that entitles them to practise as Notaries Public. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to analyse critically: - The laws and regulations relevant to the conveyancing of immovable property; - The law on condominia in the context of conveyancing. 2. Skills: By the end of the study-unit the student will be able to draft confidently and with technical precision: - Various types of notarial acts; - Sets of rules for a condominium. Main Text/s and any supplementary readings: Legal Texts: - Civil Code (Chapter 16), passim. - Notarial Profession and Notarial Archives Act (Chapter 55), passim. - Public Registry Act (Chapter 56), passim. - Income Tax Acts (Chapter 123), passim. - Immovable Property (Acquisition by Non-Residents) Act (Chapter 246), the whole text. - Land Registration Act (Chapter 296), passim. - Ecclesiastical Properties (Entities) Act (Chapter 358), the whole text. - Duty on Documents and Transfers Act (Chapter 364), passim. - Income Tax Management Act (Chapter 372), passim. - Condominium Act (Chapter 398), the whole text. Reading Material: - Barnsley’s Conveyancing Law and Practice [Butterworths]. - Boero P: La legge notarile commentate (UTET). - Bregante L: Il regolamento di condominio [Giuffrè]. - Petrolati F e Vitalone V: Il condominio, problemi e soluzioni giurisprudenziali [Giuffrè]. |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Marisa Azzopardi Daniel John Bugeja (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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