| CODE | LHM5000 | ||||||
| TITLE | The Historical Development of the Office of Notary Public | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 5 | ||||||
| DEPARTMENT | Legal History and Methodology | ||||||
| DESCRIPTION | This study-unit will discuss the historico-legal development of the office of the notary public from medieval to present times. It thus aims to provide the student with an opportunity to compare and contrast the past with the prevailing situation of the Notary Public in Malta. By investigating the development of the Notarial profession, together with its practice and function throughout the years, the student will be provided with a better understanding of the development of Maltese law, which is ultimately the product of an intrinsic combination of various laws and customs that regulated societies since Roman times. It will seek to show how up to the early years of British rule, Maltese law was structured on the Sicilian framework, and how during the course of history different Maltese governing bodies adopted their own rules and regulations which were tailor-made to accommodate the island’s particular way of life. Furthermore it will explain the manner in which these completed acts, which were public records, had to be kept and made accessible to the public by the notary who acted as the archivist of the document he drafted, witnessed and signed. It will also examine various types of contracts in order to assess how these reflect on a particular society and how they relate to modern day legal practice. The British period will cover the two quasi-codifications of 1855 and 1927 that systematised and institutionalised legislatively the notarial archives and notarial profession. As for the rest, it will proceed with a built-up of the information delivered for the pre-British periods. Emphasis will be laid on the reforms that went on in terms of principles and mechanisms that rendered the system "modern" by making it more far-flung, visionary and effective. The contribution of notaries that have remained prominent in the historico-legal development of the notarial profession will be referred to. Focus will be made on the relevant codified legislation within a historical context and on how it contributed to other institutional areas. The Public Registry Acts that form part of the amalgam of notarial archives and profession and that were contemporaneous reformative acts within the system will be cross-referred and analysed as well. Study-Unit Aims: This study-unit is intended to bring to the attention of students the wealth of legal material which exists at the Notarial Archives and its importance for understanding the evolution of Maltese private law and to what extent this was influenced by foreign law. These legal documents provide contextual references for a number of medieval legal institutions and practices and also record the use of medieval, early modern and contemporary legal terminology. The law student will appreciate the context in which modern day legal practice evolved and how throughout the centuries it moulded itself to its present day form. Consequently, however imperfect, such historical study serves as a laboratory where we investigate the past and comprehend the factors that caused change to understand the present and plan for the future. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will: (a) List the main themes of legal evolution during the medieval and early modern period; (b) Describe the place of the Maltese legal system in its wider historico-legal context; (c) Discuss the specific challenges posed to the legal system by social, economic and political developments from the medieval to the modern period, and the ability to critically evaluate the responses to those challenges. 2. Skills: By the end of the study-unit the student will be able to: (a) Compare and contrast the relationship between the changing social, economic and political needs of a society and its legal system; (b) Explain the main materials and sources for undertaking medieval and early modern legal history research when called for in modern legal practice and analysis; (c) Assess the different approaches to legal history; (d) Use original and secondary legal sources. Main texts and supplementary readings: Recommended: S. Fiorini, ‘The Notary in Maltese Late Medieval Society’, in B. Muscat, [ed.], Essays on the Cantilena, Journal of Maltese Studies, No. 28, (Malta: Midsea Books, 2014), 29-74. M. Refalo, The Maltese Nineteenth-Century Notary and his Archives, (BDL, San Gwann, 2014). Supplementary Reading: J. Abela, Port Activities in Mid-Sixteenth Century Malta, Unpublished MA History Thesis, (University of Malta, 2007). J. Abela, ‘Don Brandano Caxario u l-ghejun primarji – xi punti ta’ riflessjoni’, in O. Vella, [ed.], Il-Malti, harga specjali LXXXVII, (2014). J. Abela, ‘Some early forms of financial instruments found in mid-sixteenth century Malta’, in H. Frendo [ed.], Storja: 30th Anniversary edition 1978-2008, (Malta , 2009).30-46. J. Abela, ‘A window on the acts of a sixteenth-century notary – Placido Abela in J. F. Grima (ed.), 60th Anniversary of the Malta Historical Society-A Commemoration, (Malta, 2010), 207-236. W. Ashburner, The Rhodian Sea-Law, (Oxford: Clarendon,1909). ISBN-10: 1117737543. D. J. Attard, The Maltese Legal System, (Msida, Malta University Press, 2nd edition 2013). G. Aquilina, The full clause explaining the et cœtera abbreviation in two manuscripts of the National Library of Malta, (Malta, 2005). E. Buttigieg, ‘Social Relationships in mid-sixteenth-century Malta: An analysis through Notary Juliano Muscat’s Regiser R376/11’, in H. Frendo [ed.], Storja: 30th Anniversary edition 1978-2008, (Malta , 2009). C. Dalli, ‘Medieval Communal Organization in an Insular Context: Approaching the Maltese Universitas’, in Heritage Supplement, 9.(Malta: Midsea 1993). C. Dalli, Malta, The Medieval Millennium, (Malta, 2006). P. de Bono, Sommario della Storia della Legislazione in Malta (Malta, 1897). S. Fiorini, ‘The Vice-Admiracia Insularum Meliveti et Gaudisii’, in C. Vassallo, [ed.], Consolati Di Mare and Chamber of Commerce, (Malta, 2000), 29-41. S. Fiorini , Documentary Sources of Maltese History Part 1 Notarial Documents No.1 Notary Giacomo Zabbara R494/1(I): 1486-1488, (Malta, 1996). S. Fiorini, Documentary Sources of Maltese History Part 1 Notarial Documents No.2 Notary Giacomo Zabbara R494/1(II-IV): 1494-1497, (Malta, 1999). G. La Mantia, ‘Capitoli e Statuti Amministrativi Dell’Isola di Malta approvati dai Re o Vicere di Sicilia 1130-1530’, Archivio Storico di Malta, Anno VIII, 28 Nov. 1936-28 Jan.1937, Fasc. 1, 12. V. Mallia-Milanes (ed.), Hospitaller Malta 1530 – 1798, Studies on Early Modern Malta and the Order of St. John of Jerusalem, (Malta, 1993). A. Mifsud, ‘Le Franchigie Costituzionali’, ‘L’Approvigionamento e l’Università di Malta nelle passate dominazioni’, Archivium Melitense, Vol. III, (1918), 163-212. P.G. Pisani, ‘Gozitan Notaries (1400 – 1884) – a Collage’, The Sunday Times of Malta, 27 April 2003, 41. C. Trasselli, I Privilegi di Messina e di Trapani (1160-1355), (Messina, 1992). C. Vella, The Notary Public in Malta from the Vilhena Code of 1723 to Ordinance V of 1855, Faculty of Laws, (University of Malta, unpublished LL.D. thesis), 2006. |
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| LECTURER/S | Joan Abela |
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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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