| CODE | CVL1025 | ||||||
| TITLE | Civil Law of Property | ||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 5 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Civil Law | ||||||
| DESCRIPTION | This study-unit introduces the concept of patrimony in Civil Law. After distinguishing between iura in rem and iura in personam, a more specific analysis is made of the concept of real rights. The right of ownership, the principal real right of enjoyment, and related actions are examined in some detail. We also deal with the concept of possession in Civil Law both from the point to view of a de facto exercise of real rights and as an element for acquisitive prescription. The juridical remedies for the protection of possession are examined in some detail as well as the mode of acquisition of real rights by lapse of time (acquisitive prescription) and the mode of extinction of rights and actions by lapse of time (extinctive prescription). Finally the unit focuses on four important areas of Property law, corresponding to: (a) the Law of Expropriation, (b) that concerning Usufruct, Use and Habitation, (c) the Law of Servitudes and (d) the institute of Emphyteusis. Study-Unit Aims: This study-unit aims to teach students the Civil Law of Property. It distinguishes between personal rights and property rights and discusses all the institutes of civil law regulated by the law of property, that is, possession, ownership, prescription, expropriation, usufruct, use, habitation, servitudes and emphyteusis. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) write about the key institutions by which Real rights are defined, created, acquired, transmitted and protected under the Civil Code, including Ownership, Possession, Prescription, Praedial Servitudes, Usufruct and Emphyteusis; (b) link together the fundamental patrimonial building blocks of the Civil Code; (c) acquire the ability to research particular legal issues by finding and analysing the copious jurisprudence of the Maltese courts and consulting important texts written by leading Continental jurists. 2. Skills: By the end of the study-unit the student will be able to: (a) appreciate the relationship between Property law, Human Rights law and key Public law statutes such as those relating to Expropriation or Planning; (b) analyse the fundamental provisions of the Civil code and the leading case decisions relating to this important field of law; (c) apply the law of patrimony to particular cases. Main Text/s and any supplementary readings: Main Texts: - Civil Code, Chapter 16 of the Laws of Malta. - V. Caruana Galizia, Civil Law Notes, “Of Things”, Malta University Press. Supplementary Readings: - Ugo Mattei, 2000, Basic Principles of Property Law: A Comparative Legal and Economic Introduction (Contributions in Legal Studies), Greenwood Press. - Henry Dyson, 2003, French Property and Inheritance Law: Principles and Practice, Oxford: University Press. - James Gordley, 2007, Foundations of Private Law: Property, Tort, Contract, Unjust Enrichment, Oxford: University Press. - Sjef Van Erp, 2007, European and National Property Law: Osmosis or Growing Antagonism? (Walter Van Gerven Lectures), Europa Law Publishing. - Peter Birks, 1989, New Perspectives in the Roman Law of Property: Essays for Barry Nicholas, Oxford: University Press. - H. Mazeaud (Author), F. Chabas, 1999, Droit civil, LGDJ / Montchrestien. - Beaudry-Lacantinerie & Wahl, Traité de droit civil, 3rd edition. - A. Torrente e P.Schlesinger, 2007,Manuale di Diritto Privato, Edizione n.12, Giuffre Editore. - Bianca Massimo C., 2001, Diritto civile. Vol. 6: La proprietà. Editore A. Giuffrè. - Francesco Galgano, 1999 Diritto Privato CEDAM; 10. ed. |
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| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Kurt Xerri |
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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 2024/5. It may be subject to change in subsequent years. |
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