| CODE | CVL5046 | ||||||||
| TITLE | The Laws on Secured Obligations | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This subject is partly addressed in the discussion on the law of guarantees. As a civil law jurisdiction, Malta is traditionally pro debtor, prescriptive on formalities and imposes registration in the public registry. When Malta moved towards developing a financial services centre, it was evident that it would not be at all atttractive if it did not embrace the directions taken in English common and statutory law which are pro creditor, less formalistic annd with less registration requirements. The role of the courts in enforcement versus self-help remedies, where the systems contrast sharply was a related area which needed to be addressed. The Civil Code has undergone several important changes not only through adjustment of existing institutes but even through the introduction of new ones. Both these initiatives need to be carefully studied as they have effectively readjusted the bias of our civil law to one which is economically more effective. Among other topics there will be focus on irrevocable mandates by way of security, security by title transfer, security trust, insolvency set off, forfeiting, securitision, ship amd aircraft mortgages and related initiatives and the like. Study-Unit Aims: The aim of the study-unit is to provide a comprehensive grounding of the legal options available for creditors to secure their rights when making loans or entering relationships which need to be secured. The study-unit will also focus on the debtor's strategic choices when granting such securities. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - identify all the forms of security which are available under Maltese law; - select which form of security is best suited to which circumstances; - appreciate the different angles to be taken when advising a creditor when contrasted to advising a debtor; - recognise what is required for the security chosen to validly created; - recognise what is required for the security chosen to be enforced. 2. Skills: By the end of the study-unit the student will be able to: - compare and contrast the various options available in the granting of security for obligations under Maltese law; - build on the traditional securities studied during the previous years; - absorb modern securities. Main Text/s and any supplementary readings: - Roy Goode, Goode on Legal Problems of Credit and Security, Sweet & Maxell, 2007. - Philip R. Wood, Comparative law of security and guarantees, Sweet & Maxell, 1995. - Philip R. Wood, Comparative Law of Security Interests and Title Finance, 2019. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Max Ganado |
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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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