| CODE | CVL5025 | ||||||||
| TITLE | Introduction to Notarial Law | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-unit considers the notary’s twofold capacity of public officer and liberal professional. Since his public office is intimately linked to the publication of the notarial act, the requisites of the latter will be studied in detail in view of his civil liability should he fail to abide by these formalities. This applies especially to cases that give rise to the nullity of a notarial act. The various disciplinary controls over the notary are discussed so that students appreciate the implications of the public nature of this office. Besides, the legal basis of the notary’s role as a liberal professional is examined within the framework of the opinion of text writers and various local judgements. The study-unit will attempt to help students form their own considered opinion as to whether the interaction between the notary’s public office and his membership of a liberal profession has changed his status in recent years. The new tools at the disposal of the modern Notarial Office will be discussed and explored, including electronic and online registration portals, specialised Notarial software and practical digital skills required in a Notarial office. Study-unit Aims: The study-unit aims to introduce the profession of notary to the student. The student will learn on the notarial profession as practiced in Malta and the duties which a notary has to carry out in terms of law and his liabilities in case of non-compliance with such duties. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: • Write upon whether the notary public's office and his membership of a liberal profession has changed in recent years; • Evaluate the legal responsibilities of a notary public and the penalties imposed in those cases which a notary public does not comply with the law regulating this profession. 2. Skills: By the end of the study-unit the student will be able to: • Apply electronic and online registration portals, specialised Notarial software and practical digital skills required in a Notarial Office; • Avoid the pitfalls which lead to an infringement of the law regulating the notarial profession. Main Text/s and any supplementary readings: Main texts: The Notarial Profession and Notarial Archives Act (Chapter 55) The Public Registry Act (Chapter 56) Suggested reading: Historical Fiorini S: Notaries and Notarial Practice to 1500, pp xi – l, in Documentary Sources of Maltese History, Part I, Notarial Documents, No 3, Univ of Malta, 2005. The Notarial Law Boero P: La legge notarile commentata, UTET Consiglio nazionale del notariato: Deontologia Notarile, 1994 Di Fabio M: Manuale di notariato, Giuffrè Irti N: Studi sul formalismo negoziale, CEDAM Pacifico E: Le Invalidità degli atti notarili, Giuffrè Petrelli G: Visure ipotecarie: responsabilità civile del notariato; limiti del danno risarcibile, Giuffrè Prottettì E e Di Zenzo C: La legge notarile, Giuffrè Zanelli P: Il notariato in italia, Giuffrè Dissertations Agius A M: Trusts: an Emerging Aspect in Notarial Law, unpublished dissertation, 2008 Borg F: The Extent of Notarial Responsibility, unpublished dissertation, Univ of Malta, 2008 Callus P: Function and Regulation of the Notarial Profession: a Comparative Study, unpublished dissertation, Univ of Malta, 1995 Debrincat C: Inexistence, Nullity and Annulability in the Context of Article 40 of the Notarial Profession and Notarial Archives Act, unpublished dissertation, 2008 Ebejer A: Notarial Profession in Recent Legislative Changes, unpublished dissertation, Univ of Malta, 1983 Farrugia A: The Office of the Notary Public in an Ever-Evolving Electronic World, unpublished dissertation, Univ of Malta, 2003 Farrugia E: The Notarial Deed of Sale: A Case for Imporved Drafting in order to Avoid Dispute, unpublished dissertation, Univ of Malta, 2002 Fiorentino A: The Impartiality and Independence of the Notary, unpublished dissertation, Univ of Malta, 2004 Gerada D: Requisites of the Notarial Act and its Registration, unpublished dissertation, Univ of Malta, 1997 Magri D: Acts which a Notary may Not Receive, unpublished dissertation, Univ of Malta, 2003 Sammut R: Aspects of the Liability of Notaries Public in Malta, unpublished dissertation, Univ of Malta, 1995 Scerri M: Computerization of the Notarial Profession, unpublished dissertation, Univ of Malta, 1999 Spiteri J: The Appointment to the Office of Notary Public and the Organization of the Profession, unpublished dissertation, Univ of Malta, 2000 Spiteri T: The Functions and Responsibilities of Notaries Public, unpublished dissertation, RUM, 1973 Vella C: The Notary Public in Malta from the Vilhena Code of 1723 to Ordinance V of 1855, unpublished dissertation, Univ of Malta, 2006 Vella P: The Relationship between Negotia in Civil Law and the Documents expressing them, unpublished dissertation, Univ of Malta, 2001 Vassallo R: The Private Writing from a Civil Law Perspective, unpublished dissertation, Univ of Malta, 2003 |
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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 | James Grech |
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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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