https://www.um.edu.mt/library/oar/handle/123456789/120478 2026-04-05T04:38:55Z https://www.um.edu.mt/library/oar/handle/123456789/120737 Title: An analysis of the notary's duty to examine title under Maltese law Abstract: Examination of Title can be considered as a fundamental duty which has been exercised by the Notary for years. This said however its entrenchment within the law was only done in the past few years thereby leaving questions regarding the Notary’s responsibility and standard of diligence in examining title within the hands of Courts’ interpretations. In this respect amendments introduced in Chapter 55 and the promulgation of subsequent Examination of Title Regulations through Legal Notice 355 of 2012 as amended by Legal Notice 157 of 2018 entrenched the rules with regards to examination of title, and effectively crystallising what the courts previously had been opining. Accordingly this Professional Report goes into detail in Chapter 1 and 2 respectively, with regards to this legal process, examining how the Courts interpreted issues prior to these rules as well as analysing how the current laws and regulations regulate this duty. Additionally chapter 3 focuses on the question of standard of diligence required by Notaries in performing searches, in light of earlier jurisprudence as well as current laws. Finally the conclusion in light of the abovementioned analysis made conveys the importance of having rules to regulate such processes made by the Notary. Indeed due to the word limit of this Notarial Report, the conclusion also makes reference to the current Examination of Title Report amendments which would benefit further analysis. Description: LAW5006_Professional Practice for Notaries 2023-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/120733 Title: The notary’s role in safeguarding the validity of wills under Maltese law Abstract: This professional report aims to comprehensively analyse the validity of wills within the framework of our laws, shedding light on potential challenges. A will is defined as a revocable instrument by which a person disposes of their property posthumously, guided by legal rules. The report emphasises the significance of this testamentary right, often described as a source of comfort akin to religion in the face of mortality. The role of the Notary Public, based on trust and autonomy, is explored as essential in accurately determining and formalising parties' intentions, thus preventing misunderstandings and costly legal disputes. The Notary's involvement assures impartial resolutions, avoiding misconceptions and financial burdens. This report proposes establishing distinctive guidelines for Notaries when handling testators' final wishes, safeguarding their intentions and mitigating posthumous challenges. Organised into three chapters, the report delves into will categorisation, creation, revocation, nullification, and references to pertinent court judgments. Highlighting the legislator's intent to safeguard and reflect testators' wishes within wills, the report underscores how the Notary, as a public officer, assumes the responsibility of adhering to these formalities, thereby protecting the testator's intent. The report references previous dissertations, acknowledging the datedness of these sources and the need for current insights that accurately reflect today's legal landscape and the evolving role of Notaries. It discusses legal amendments over the years and their impact on the Notary's role in safeguarding testators' wills. Summarily, this report offers an in-depth examination of will validity, the role of Notaries, legal amendments, and the need for contemporary insights in the realm of testamentary law. Description: LAW5006_Professional Practice for Notaries 2023-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/120732 Title: Emphyteutical concessions which lie beyond the prescriptive period : should the notary assume the responsibility of tracing its conditions? Abstract: ‘Notaries must act suitably and constructively in the discharge of their duties; they must inform and advise the parties as to the possible consequences of their instructions, having regard to all aspects of normal legal procedure for which they are responsible.’ This paper shall be examining some of the conditions laid down in deeds of emphyteutical concessions and shall then refer to local judgements to support the arguments brought forward. In order to do so, the author shall be adopting a desk-based approach which will allow the author to be as objective as possible when conducting the research. The first chapter shall be defining emphyteusis and its distinct characteristics as a real right. In introducing the deed of emphyteutical concession, this paper shall delve into the three main categories of clauses contained in such a deed, namely, payment obligations, conditions and servitudes relative to the property and events of default. An important topic which shall be addressed in this regard is the difference between the redemption of ground rent and the purchase of the directum dominium as well as their implications at law and how these impact the emphyteusis in question. The second chapter shall be first examining Article 12 of the Examination of Title Regulations and how it changed following the amendments and it shall then move on to discuss the different prescriptive periods at law, namely, the ten year, the thirty year and the forty year prescriptive periods. Reference to Chapter 296 of the Laws of Malta will also be made so as to distinguish between land registration areas and non-land registration areas. In the exercise of his duties, the notary shall respect the values of honesty, integrity and diligence as reference to the Notaries’ Code of Ethics will be made. The third chapter will seek to address the questions brought forward throughout this paper by making reference to local jurisprudence whilst analysing the possible pros and cons of the current legislation as well as any possible amendments which one may consider. Description: LAW5006_Professional Practice for Notaries 2023-01-01T00:00:00Z https://www.um.edu.mt/library/oar/handle/123456789/120730 Title: The EU cross-border succession regulation : an analysis and proposals for refinement Abstract: The first chapter of this report provides a brief overview of the European Succession Regulation, highlighting the aims and objectives of the Regulation. Additionally, a brief explanation of a cross-border succession will be provided in order to fully comprehend what legislators sought to accomplish through implementation of the ESR. The second chapter will focus on the key aspects of the ESR, such as the notion of last habitual residence, the choice of law, and the European Certificate of Succession (ECS). A detailed explanation of these topics will be provided to gain a better understanding of the ESR and the methods and procedures that have been implemented to support those individuals involved in matters of cross-border succession. A review of the accomplishments of the ESR is presented in the third chapter of this report. An analysis is made of how the implementation of the ESR by the Member States of the EU has not only lessened the logistical and financial burdens related to cross-border succession but has unified the legal dynamic and increased interrelations among the States. On the other hand, the fourth chapter will delve with the shortcomings/challenges presented by the ESR. The main limitations of the ESR will be explored, as well as the areas that may be severely lacking and in need of refinement or clarification. In view of this, proposals for the improvement of the ESR will be put forward. These proposals will be discussed in the context of the scope of the Regulation and its aim of simplifying matters of cross-border succession, whilst also promoting the free movement of persons. In the Conclusion chapter an analysis of how the ESR has made the distribution of crossborder successions easier within the EU will be presented. The notion of last habitual residence was one of the key aspects of the Regulation and played a big role in its success. Therefore, the connecting factor of last habitual residence will be contrasted with the connecting factor of lex situs which was used to determine the applicable laws to a succession by Member States before the regulation was implemented. An overview of how successions were carried out using lex situs will be conducted in order to provide a better understanding of the aspects of cross-border succession in the past and highlight the aspects that have been improved upon. […] Description: LAW5006_Professional Practice for Notaries 2023-01-01T00:00:00Z