The notion of nullity and annulability of a notarial act as introduced by Act XXIV of 2011 under Chapter 55 of the Laws of Malta

Abstract

The purpose of this thesis is to examine the various grounds that lead to nullity and annulability. The main legislation to be examined is that relating to Chapter 55 of the Laws of Malta, the Notarial Profession and Notarial Archives Act; however, the grounds for nullity according to Chapter 16 of the Laws of Malta, the Civil Code, have also been analysed. This study has also been carried out so as to draw a distinction between requirements for a valid act vis-à-vis Chapter 55 as compared to the validity of an act as asserted in Chapter 16. The reason behind why Act No. XXIV of 2011 was formulated and introduced into Maltese Legislation, was due to the fact that the Legislator thought it unfair that the parties to the act must suffer due to a form of negligence or lack of formality on the notary’s part. In fact, one can see how the grounds for nullity increased along the years. Nullity of an act leads to serious repercussions. The Legislator sought to include defects which are of a less grave nature as opposed to nullity, in an added subarticle, Article 40(2). The reasons for such introduction have also been dealt with in this study.