| CODE | CVL5052 | ||||||||||||
| TITLE | Advanced Issues in Property Law | ||||||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||||||
| EQF/MQF LEVEL | 7 | ||||||||||||
| ECTS CREDITS | 5 | ||||||||||||
| DEPARTMENT | Civil Law | ||||||||||||
| DESCRIPTION | This study-unit will delve deeper into aspects of property law that go beyond the material covered in the Law of Property study-unit of the LL.B. course. Particular attention will be given to the rationale behind the civil law rules governing property, with an emphasis on their continuing relevance in contemporary practice and on the applicability of the numerus clausus principle. The study-unit will also explore institutes which remain embedded in the Civil Code, such as emphyteusis, examining both their codal formulations and their evolution in jurisprudence. Consideration will furthermore be given to the incorporation of new institutes into Maltese law, most notably trusts, which have been transplanted from other legal systems and have significantly influenced the traditional understanding of property law rules. An important segment of this study-unit will also be dedicated to Condominia. The study-unit will discuss the nature and effects of co-ownership in blocks of buildings, complexes and groups of complexes where there are residential or other study-units each held pro diviso by separate owners, and areas, services and facilities used or enjoyed in common. The discussion will centre primarily on the parts of the law that override contractual agreements. It will also analyse the nature, effects and registration of sets of rules regulating the everyday relationship between co-owners with regard to the common parts they constantly use. Study-Unit Aims: The study-unit aims to: - Provide students with a deeper and more critical understanding of selected aspects of property law which extend beyond the introductory treatment given in the LL.B. course; - Analyse the rationale and continuing relevance of traditional civil law rules governing property in light of contemporary legal and social realities; - Examine in detail institutes of property law that retain significance under the Maltese Civil Code, such as emphyteusis, and assess their development through legislation and jurisprudence; - Explore the incorporation of new institutes, such as trusts, into Maltese law and evaluate their impact on the conceptual framework of property rights; - Discuss the nature and effects of co-ownership in blocks of buildings, complexes and groups of complexes, particularly the provisions of law that override contractual agreements, and analyse the legal status, effects and registration of sets of rules regulating the relationship between co-owners with respect to the common parts. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Demonstrate a critical appreciation of the rationale underlying the civil law rules on property and their modern-day applicability; - Explain the operation and legal effects of institutes such as emphyteusis and evaluate their jurisprudential development; - Analyse the extent to which the numerus clausus principle remains relevant under Maltese law; - Assess the impact of the reception of foreign legal concepts, particularly trusts, on Maltese property law; - Demonstrate a critical appreciation of the rationale underlying the civil law rules on property and their modern-day applicability; - Explain the operation and legal effects of institutes such as emphyteusis and evaluate their jurisprudential development. 2. Skills: By the end of the study-unit the student will be able to: - Apply advanced concepts of property law to complex factual scenarios; - Critically evaluate case law and legislative provisions in relation to property law institutes; - Engage in reasoned discussion on the adaptation of civil law principles to modern legal and economic realities; - Conduct independent research on specialised aspects of property law and present findings in a clear and structured manner; - Engage in reasoned discussion on the adaptation of civil law principles to modern legal and economic realities, including the regulation of co-ownership in residential and mixed-use complexes; - Conduct independent research on specialised aspects of property law, including condominium law, and present findings in a clear and structured manner. Main Text/s and any supplementary readings: View reading list |
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| ADDITIONAL NOTES | Pre-requisite Qualification: LL.B | ||||||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Kurt Xerri |
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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 2026/7. It may be subject to change in subsequent years. |
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