| CODE | CVL5036 | |||||||||
| TITLE | Advanced Practical Applications in the Law of Succession | |||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | |||||||||
| MQF LEVEL | 7 | |||||||||
| ECTS CREDITS | 5 | |||||||||
| DEPARTMENT | Civil Law | |||||||||
| DESCRIPTION | This will tackle relevant legal issues pertinent to the legal position before the substantial amendments introduced to the Law of Succession from 2004 onwards, with particular reference to those which came into force in March of 2005. This study-unit is tackled through an examination of a number of legal provisions under the Laws of Malta particularly the Civil Code and the Code of Organization and Civil Procedure. A reference to case studies, Court judgements and the comparative method, where applicable is made. Emphasis will also be laid on some critical appreciation of continental legal systems, case-law, and practical current problems and issues. These will include inter alia an underlying of the legal principles which permeate and distinguish testate from intestate succession, forms of wills, mental capacity to dispose by will, the relationship with a valid consent under the law of obligations, limitations imposed upon the testator, the disposable and non-disposable portion of an estate, the reserved portions and their nature, mode of enforcement including the action for abatement, distinction between universal successor (the heir) and the particular successor (the legatee). Other ancillary issues related to substitution, accretion, legal succession, representation and collation will also be tackled. Study-unit Aims: The main aim of this study-unit is to impart a sound understanding of the general principles applicable to the Law of Succession as it stood before the amendments introduced as from 2004. It equips students with the appropriate tools to understand not only the salient but the more important features of the issues as stated above. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Reproduce the pertinent legislation both under Civil law as well as law of procedure; - Critique the general principles applicable to this complex area of Law; - Question the current legislation and the legal issues relevant to the disposal of an estate. 2. Skills: By the end of the study-unit the student will be able to: - Evaluate the appropriate sources of law in the verification of titles to property; - Assess the law of estate planning; - Formulate a plan related to the disposal of one’s property at time of death; - Identify the ethical issues surrounding the importance of a serene family environment. Main Text/s and any supplementary readings: MAIN TEXTS: Chapter 12 of the Laws of Malta – Code of Organization and Civil Procedure, Part II – Title III - Appointment of Tutors, Curators, Title IV – Interdiction and Incapacitation; Title V – Presentation and Publication of Secret Wills; Title VI – Declaration of the Opening of Succession; Title VII – The Inventory. Chapter 16 of the Laws of Malta - Civil Code, Book Second, Part II, Title III - Of Successions, Title IIIA – Trusts and their Effects, Title IV – Obligations in General (Subject Matter of Contracts, Interpretation of Contracts, Rescission); Title V – Marriage Contracts and Title XIV – Donations. SUPPLEMENTARY READING: Notes on Civil Law - University of Malta, Prof Caruana Galizia as revised; Id-Dritt 2006 – Volume XIX, Various Articles. Id-Dritt Commemorative Edition 2015 – The Law of Succession in Malta – A Reappraisal. Court Judgments – As indicated during Lectures. Comparative Legislation and legal material including a number of LL.D. Thesis - As indicated during lectures. |
|||||||||
| ADDITIONAL NOTES | Pre-Requisite qualifications: Appropriate pass in the succession 4th year credits | |||||||||
| STUDY-UNIT TYPE | Lecture and Tutorial | |||||||||
| METHOD OF ASSESSMENT |
|
|||||||||
| LECTURER/S | Paul Debono |
|||||||||
|
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. |
||||||||||