Study-Unit Description

Study-Unit Description


CODE CVL5027

 
TITLE Examination of Title

 
UM LEVEL 05 - Postgraduate Modular Diploma or Degree Course

 
MQF LEVEL 7

 
ECTS CREDITS 5

 
DEPARTMENT Civil Law

 
DESCRIPTION Legal Notice 355/2012 has made it clear that a Notary publishing a deed has to carry out searches according to the said legal notice and according to Section 84C of Chapter 55 of the Laws of Malta, and give the purchaser a report of the searches carried out and a photocoopy of the documents mentioned in said report and point out any raccomoandations and comments in relation to the Title of the property.

There are some exemptions to this also mentioned in the said Legal Notice and the Notary can also be exempted by the purchaser from carrying out this examination of Title but the Notary is duty bound in this case to warn the purchaser of the consequences according to Law. This study-unit will also examine the relevant provisions of the Civil Code, especially the law of prescription, and other laws including the Public Registry Act and the Land Registration Act that lay down the rules and parameters which notaries follow when they assess whether title is sound and free from hypothecary and other burdens. The study-unit also analyses the nature and effects of special privileges over immovables and hypothecs, their registration in the Public Registry; charges and their registration in the Land Registry; cancellations, reductions, subrogations and postponements. Since the Central Registry Bill will change the way searches are conducted, there will be a reference to the envisaged impact the Bill is likely to have when it becomes law. Although various topics have already been partly tackled as part of wider Civil Law study-units, the theoretical and practical issues involved are examined in this study-unit from the perspective of a notary’s specialized work. It is for this reason that lectures and seminars of this study-unit are intended for students who will be sitting for the State examination leading to the warrant of Notaries Public.

Study-unit Aims:

This study-unit aims to teach students the processes that are required by law to examine the validity of a title. In this way students will know what to look out for when they are examining titles and, when a title is not drawn up according to law, what corrective measures are needed to bring the title in line with the law.

Learning Outcomes:

1. Knowledge & Understanding:
By the end of the study-unit the student will be able to:

• prepare the relevant report as contemplated in Legal Notice 355/2012 in an appropriate way to cover (i) the title to immovables, according to different scenarios, and (ii) liabilities guaranteed by immovables, and;
• carry out a proper evaluation of these reports prepared in terms of the above bullet.

2. Skills:
By the end of the study-unit the student will be able to:

• analyse the legal provisions related to examination of title;
• assess the theoretical and practical issues involved in the examination of title.

Main Text/s and any supplementary readings:

Main Text:

Angeloni F: Responsabilità del notaio e clausole abusive, Giuffrè, Milano, 1999

Supplementary Readings:

Legal Notice 355/2012
Chapter 55 of the Laws of Malta in particular Section 84C.
Civil Code (Chapter 16)
Ecclesiastical Entities Properties Act (Chapter 358)
Land Registration Act (Chapter 296)
Notarial Profession and Notarial Archives Act (Chapter 55)
Public Registry Act (Chapter 56)
Bills: Bill 16 (17.10.2003) entitled The Central Registry Bill
Cervelli S: Trascrizione ed ipoteca ,Giuffrè, Milano, 2002
Petrelli G: Visure ipotecarie, Giuffrè, Milano, 1994
Pacifico E: Le invalidità degli atti notarili, Giuffrè, Milano, 1992
Paolucci E: Atti vietati e responsabilità notarile nella giurisprudenza, Giuffrè, Milano, 1990

 
ADDITIONAL NOTES Students taking this study-unit need to have a background in law.

 
STUDY-UNIT TYPE Lecture and Seminar

 
METHOD OF ASSESSMENT
Assessment Component/s Assessment Due Sept. Asst Session Weighting
Examination (2 Hours) SEM2 Yes 100%

 
LECTURER/S Rebecca Janelle Wellman
Daniel John Bugeja

 

 
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