Study-Unit Description

Study-Unit Description


CODE CVL1026

 
TITLE Civil Law of Family

 
UM LEVEL 01 - Year 1 in Modular Undergraduate Course

 
MQF LEVEL 5

 
ECTS CREDITS 4

 
DEPARTMENT Civil Law

 
DESCRIPTION This study-unit seeks to provide students with a basic understanding of the civil law institutes relating to Family Law. The topics studied in this study-unit are based on the Civil Code title “Of Persons”. The study-unit addresses the legal obligations between persons. These include parental authority, acknowledgment and repudiation of children, adoption, foster care, tutorship, interdiction and incapacitation, guardianship, and acts of civil status.

Study-Unit Aims:

This study-unit aims to familiarise students with Family Law. It seeks to inform students of the law relating to persons and their relationship with other persons and the State and to equip them with an understanding of the main elements of the law in practice, particularly relating to persons individually and in a relationship.

Learning Outcomes:

1. Knowledge & Understanding:

By the end of the study-unit the student will be able to:
(a) Identify the main pertinent legislation on topics relating to law of persons;
(b) Establish the principle judgments dealing with law of persons;
(c) Locate different legal relationships within their appropriate context.

2. Skills:

By the end of the study-unit the student will be able to:
(a) Critically analyse court judgments;
(b) Adopt effective solutions to case law scenarios taken from practice;
(c) Resolve case studies relating to legal issues affecting persons.

Main Text/s and any supplementary readings:

Main Texts:

- Code of Organization and Civil Procedure, Chapter 12 of the Laws of Malta
- Civil Code, Chapter 16 of the Laws of Malta
- French Civil Code, available at http://www.wipo.int/wipolex/en/details.jsp?id=17359
- Italian Civil Code available at http://www.wipo.int/wipolex/en/details.jsp?id=16608
- Civil Code of Quebec, available at http://legisquebec.gouv.qc.ca/en/showdoc/cs/CCQ-1991
- Civil Code of Louisiana, available at http://lcco.law.lsu.edu/
UN Convention on the Rights of the Child, available at http://www.ohchr.org/EN/ProfessionalInterest/Pages/CRC.aspx

Supplementary Readings:

- 2005, Borgetto M and Lafore R., Code de l’Action Sociale et Des Familles ( 1st Ed.) Dalloz.
- 2012, Farrugia R, The advent of a Divorce Law for Malta, International Family Law, (2012) IFL135-256, June 2012.
- 2012, Farrugia R, Challenges In Balancing Parental Rights and the Child's Best Interests: A Preliminary Analysis of the Malta Divorce Referendum, International Journal of the Jurisprudence of the Family, Vol.2, pp.387-406, Hein publishing.
- 2011, Farrugia R, The Rights of the Child whose Parent is in Prison, Children's Legal Rights Journal, Vol. 31, No. 3, pgs. 11-21 (Fall 2011).
- 2008, Impact of EU Legislation on Maltese Family Law – National Family Commission, Malta, Research on the Family Series No.2 [ISBN 978-99932-0-591-3].

 
STUDY-UNIT TYPE Lecture

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (1 Hour) SEM1 Yes 100%

 
LECTURER/S Renzo Porsella Flores

 

 
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