| CODE | CVL5012 | ||||||
| TITLE | Conveyancing Law and Notarial Practice | ||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||
| MQF LEVEL | 7 | ||||||
| ECTS CREDITS | 8 | ||||||
| DEPARTMENT | Civil Law | ||||||
| DESCRIPTION | The first part of this study-unit deepens, from a practical angle, some issues of Notarial Law and systems of registration which were raised in CVL4007 and CVL4013. There will also be a revision of some salient features covered in CVL4020 and CVL4021. The second part addresses problems newly-qualified notaries encounter when drafting preliminary agreements, notarial deeds inter vivos and wills, notes of enrolment and hypothec, applications for registration of title to land and registration of charges and cautions. The study-unit is tailor-made for students who are preparing to take the State examination leading to the grant of the warrant that entitles them to practise as Notaries Public. Accordingly, only students who have registered with the Notarial Council as candidate notaries and who are actually taking their notarial practice in terms of Notarial Law may participate in this study-unit. Students are to note that they are allowed to answer the examination questions in either Maltese or English since Notarial practice primarily uses the Maltese language and often requires the drafting of a notarial act in Maltese. Learning Outcomes: The study-unit reviews holistically the salient features of substantive law regulating the conveyancing of immovable property, as well as various issues on the formalities of notarial acts and systems of registration. The study-unit generally aims at helping candidate notaries develop a skill to address the legal implications of the notarial act they are asked to prepare, while instilling in them confidence to draft technically correct documents that respond fully to the will of the parties. The study-unit supplements the notarial practice candidate notaries take prior to the warrant examination. Reading List: The Civil Code (Chapter 16) The Duty on Documents and Transfers Act (Chapter 364) The Ecclesiastical Properties (Entities) Act (Chapter 358) The Immovable Property (Acquisition by Non-Residents) Act (Chapter 246) The Income Tax Acts (Chapters 123 and 372) The Land Registration Act (Chapter 296) The Notarial Profession and Notarial Archives Act (Chapter 55) The Public Registry Act (Chapter 56) |
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| ADDITIONAL NOTES | To be eligible to follow this study-unit, you must prove that you are registered as Candidate Notary with the Notarial Council for at least one year. | ||||||
| STUDY-UNIT TYPE | Lecture and Seminar | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Marco Farrugia Francesca Portelli |
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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 2025/6. It may be subject to change in subsequent years. |
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