| CODE | CVL1030 | ||||||
| TITLE | Special Civil Law Contracts | ||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||
| MQF LEVEL | 5 | ||||||
| ECTS CREDITS | 4 | ||||||
| DEPARTMENT | Civil Law | ||||||
| DESCRIPTION | The aim of this study-unit is to study the special contracts in Civil Law, these being: the contract of Sale; the contract of loan for use (Commodatum), precarious loan (Precarium), loan for consumption (Mutuum), Mandate, Deposit and Gaming and Betting. Other minor “stand-alone” contracts will also be included but no detailed knowledge will be required. Study-Unit Aims: This study-unit aims to provide students with: 1. An overall appreciation and understanding of a number of special contracts in Civil Law; 2. An understanding and knowledge of current legislation and the legal issues relevant to these contracts; 3. A hands-on approach towards the practical issues arising from the formulation and enforcement of these contracts; 4. An appreciation of the importance of built in limitations in order to avoid abuse; 5. An appreciation of the role of the legal practitioner as regards the serious implications of these contracts, the interplay between them and the potential for abuse. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) Comprehend the basic structure of the Civil Code provisions regulating the law of Sale and that of Loan, Mandate, Deposit and the other contracts reviewed; (b) Write about the leading Court decisions relating to these special contracts; (c) Distinguish between the applicable rules which apply to these special contracts. 2. Skills: By the end of the study-unit the student will be able to: (a) Locate Maltese law, insofar as it treats of these contracts, in comparison to other Civilian systems; (b) Undertake a more advanced study and specialised study of aspects of these major contracts in connection with other study units in Civil and Commercial law; (c) Apply this knowledge to provide practical solutions to real-life problems. Main Text/s and any supplementary readings: Main Texts: - Civil Code, Chapter 16 of the Laws of Malta. - Code of Organization and Civil Procedure,. Chapter 12 of the Laws of Malta. Supplementary Readings: - Prof.V. Caruana Galizia, Notes on the Contract of Sale and on other Contracts, Gh.S.L. Publications, Faculty of Laws, University of Malta, 1966. - Dr Philip Farrugia Randon, The Word of the Court – Volumes 7 and 13, Mid-Med Bank Ltd., 1992-1993. - Cian Giorgio, Trabucchi Alberto, 2005. Commentario breve al Codice Civile , CEDAM, Milan, 2016. - Carbonnier, Jean, Droit Civil: Presses Universitaires De France, Paris, Presses Universitaires de France, 2014. - H. Mazeaud et al., Lecons de droit civil (Principaux contrats: vente et echange), M. de Juglart ed. 7th ed. Paris, Edition Montchrestien, 1987. |
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| STUDY-UNIT TYPE | Lecture | ||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Lawrence Quintano |
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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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