| CODE | CVL1023 | ||||||||
| TITLE | Introduction to Civil Law and Procedure | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-unit will be offered as part of the Diploma in Policing. It aims to give students a basic understanding of Maltese civil law and procedure and of the basic differences between civil and criminal law and between the civil courts and the courts of criminal judicature. The study-unit will cover the salient and basic features of the following main topics:- matrimonial regimes, personal separation and divorce; ownership/rights of possessors; usufruct; succession; contract and quasi-contract; tort and quasi-tort; types and effects of obligations; sale; emphyteusis; lease; mandate; privileges and hypothecs; prescription; civil courts vs. criminal courts; main features of civil procedure. Since this study-unit only covers civil law and procedure generally, without going into too much depth, an oral examination (rather than a written one) appears to be the best mode of assessment. The examiner will ask each student a number of questions on the various legal institutes and topics and determine whether their main features have been understood by the student. Study-unit Aims: To give students (mainly members of the police force) a basic understanding of Maltese civil law and procedure and of the basic differences between civil and criminal law and between the civil courts and the courts of criminal judicature. To equip students to understand the salient and basic features of the above. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Identify the main pertinent legislation on civil law and procedure; - Have a basic understanding of each main field of Maltese civil law; - Better understand the legal system applicable in the field; - Locate different legal relationships within their appropriate context; - Appreciate the main differences between the civil field and the criminal field and between the civil courts and the criminal courts. 2. Skills: By the end of the study-unit the student will be able to: - Access and understand at a basic level the relevant legislation in the civil law field; - Access and understand at a basic level the relevant judgments in the civil law field; - Argue and discuss the civil law aspects relating to criminal law issues. Main Text/s and any supplementary readings: - Civil Code - Chapter 16 of the Laws of Malta. - Code of Organisation and Civil Procedure - Chapter 12 of the Laws of Malta. - Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press. - Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press. - J.M.G. Ganado (1978) Third Year Lecture Notes in Civil Law (Malta University Press). - James Gordley, (2007), Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment, Oxford: University Press. - B. Nicholas (1996) “French Law of Contract”. - W. van Gerven, J. Lever and P. Larouche, (2000) ''Cases, materials and text on national, supranational and international Tort Law'', Hart Publishing, Oxford. - K. Zweigert and H. Kötz (1998) “An Introduction to Comparative Law” Chapters on Contract, Tort and Unjustified Enrichment). - Decisions of the Maltese Courts as published in the Kollezzjoni Decizjonijiet tal- Qrati Superjuri. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Mattia Felice Vincent Galea Mary Muscat |
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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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