| CODE | CVL5032 | |||||||||
| TITLE | Civil Procedure | |||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | |||||||||
| MQF LEVEL | Not Applicable | |||||||||
| ECTS CREDITS | 12 | |||||||||
| DEPARTMENT | Civil Law | |||||||||
| DESCRIPTION | This overview of the Law of Civil Procedure initially focuses on the basic doctrines in civil procedure and judicial organisation. The topics covered include: the action, juridical interest, the process of cognition; the notion of parties to a suit; intervention and joinder of parties to a suit; jurisdiction and competence; the general notion of pleas dilatory and peremptory, contumacia, res judicata, lis alibi pendens, the organisation of the Courts and Court officials: the competence and jurisdiction of the various Courts Following an examination of the general themes in civil procedure, the study then continues with an examination of particular aspects and technical details. This addresses the ordinary modes of procedure in litigation and enforcement proceedings. It examines the provisions relative to formulation, filing and service of writs and written pleadings, statement of defence; trial of causes; judgements, decrees and appeals therefrom and the executive titles; the provisional enforcement of judgements precautionary and executive warrants. The study-unit includes the relevant European Union Regulations and Directives on the matter. Following this, the study-unit examines various special proceedings, including reconvention, jactitation suits, the Voluntary Jurisdiction of the Civil Courts; causes of government and retrial. The study-unit then concentrates on the law of evidence, focusing on the cardinal rules of evidence, including electronic evidence, burden of proof, Judicial Referees, professional secrecy and confidentiality. Additional emphasis is given to the production of forensic evidence in civil cases, the burden and standard of proof in civil actions for damages arising from criminal offences, what is permissible in crossexamination, confrontation of witnesses, the production of previous inconsistent statements made by a witness, competence and compellability, similar fact evidence, proof of previous convictions and the privilege against self-incrimination in a civil case pending the outcome of criminal proceedings. The rules relating to the respect due to the court are also touched upon. The study-unit also looks at the arbitration process, and examines in depth the institute of retrial: it concludes by an overview of the procedural aspects of the various Tribunals to include including the Rent Regulation Board, the Rural Leases Control Board, the Land Arbitration Board, the Planning Appeals Board and other Boards or Appeal Tribunals. Learning Outcomes: By the end of this study-unit, students should be in a position to: - Comprehend the basic principles underlying Maltese legislation on Civil Procedure both in themselves and in relation to other fundamental legal principles such as those reflected in human rights guarantees; - Possess a detailed knowledge of the Code of Organisation and Civil Procedure and related laws and jurisprudence sufficient to start practising as an advocate in the Maltese Civil Courts and other tribunals; - Adequately assess the relationship between substantive legal rights and duties and the procedural mechanisms through which such can be enforced in practice so as to be able to provide practical guidance and advice regarding the law; - Be able to place Maltese civil procedural law within a broader comparative perspective and appreciate the role played by civilian doctrines such as the concept of legal interest and common law institutes, such as the adversarial process, in shaping our procedural laws; Reading List: Andrioli, Virgilio 1979. Diritto processuale civile, Jovene, Napoli Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press Carnelutti, Francesco 1995. La prova civile. Parte generale. Il concetto giuridico di prova. Ristampa. Milano, 1995 Chiovenda, Giuseppe 1935. Istituzioni di diritto processuale civile, Jovene, Napoli Chiovenda, Giuseppe 1987. Principi di diritto processuale. Le azioni. Il processo di cognizione, Jovene, Napoli Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta :http://docs.justice.gov.mt/lom/legislation/english/leg/vol_1/chapt12.pdf Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press |
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| STUDY-UNIT TYPE | Lecture and Seminar | |||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Patrick J. Galea Grazio Mercieca Renzo Porsella Flores (Co-ord.) Lawrence Quintano |
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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 2025/6. It may be subject to change in subsequent years. |
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