| CODE | LHM1000 | ||||||||
| TITLE | Aspects from the Legal Development of Maltese Commercial Law from 1800 | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 4 | ||||||||
| DEPARTMENT | Legal History and Legal Research Methods | ||||||||
| DESCRIPTION | It studies the origins and development of the Commercial Law in Malta by focusing on the legislative and customary laws that came to shape the foundations, structures and functions of commercial law over the last 200 years. It will refer to the legislators that contributed to the shaping of the commercial law of Malta, the forces of influence that were at work, the mechanisms that were employed to render the law effective and efficient and the contribution that the law gave to regulate the area according to the necessaries rights and obligations as well as the exigencies of the time. Mention will be made thoroughly to the Commercial Code but also to special legislation that affected or was relevant to the same Code. This subject will be studied in a historical context but also, where it is necessary, in a comparative context. Study-unit Aims: This study-unit aims at acquainting the student with the legal history and legislative development of the Commercial Code and commercial laws. It will give the student tools, if not weapons, to research in the opulent archives that criss-cross the Maltese islands and abroad such as England, Sicily (Italy) and so on. It is a study-unit that contributes to the formation of the student by enabling him to tap the rights sources of interpretation by digging the foundations of commercial law of the last 200 years without consuming time. It will help him in time-management during painstaking research concerning the subject matter. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: - Understand the legal basis of the historical evolution of Commercial law in Malta since 1800; - Comprehend the legal provisions of Maltese Law related to commerce and know where to find the applicable law; - Interpret or apply Commercial law by reference to applicable legal principles. 2. Skills: By the end of the study-unit the student will be able to: - Evaluate the law in a historical context; - Differentiate between local and foreign Commercial legislation; - Write about Commercial legislation and case-law by reference to the historical context of the development of Commercial Law. Main Text/s and any supplementary readings: - The Maltese Commercial Code, Chapter 13 of the Laws of Malta available at www.justiceservices.gov.mt - Paolo Debono, Storia Della Legislazione a Malta. - Carlo Mallia, Nuovo Codice Commerciale per Malta. - Hugh Harding, Notes on Commercial Code. - Felice Cremona. Notes on Commercial Code. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
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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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