| CODE | CVL1101 | ||||||||
| TITLE | Notarial Procedure | ||||||||
| UM LEVEL | 01 - Year 1 in Modular Undergraduate Course | ||||||||
| MQF LEVEL | 5 | ||||||||
| ECTS CREDITS | 2 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | This study-unit studies notarial procedure. Notarial procedure is contained in various laws amongst which are the Civil Code, the Ecclesiastical Entities (Properties) Act, the Notarial Profession and Notarial Archives Act, the Duty on Documents and Transfers Act, the Income Tax Acts and the Code of Organization and Civil Procedure. Students will be taught the laws and case law relevant to the subject of this study-unit. Study-unit Aims: The aim of this study-unit is to teach notarial procedure. Lectures will include the following aspects: (a) the notary as a public officer and a liberal professional: to what extent is he different from an advocate and a legal procurator? (b) the nature and effects of a private writing and a public deed and, specifically, the notarial act; (c) the extrinsic and intrinsic formalities of a notarial act; (d) some fiscal aspects of the transfer of immovable property by notarial act; (e) the nature and effects of registration in a registry; (f) registration of acts in the Public Registry and of title in the Land Registry; (g) the proposed Central Registry Act; and (h) the notary and the Court of Voluntary Jurisdiction. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) know the applicable rules of notarial procedure established in the Code of Organization and Civil Procedure and in the Civil Code; (b) understand notarial procedure as set out in the Duty on Documents and Transfers Act and the Income Tax Acts; (c) comprehend notarial procedure under the Notarial Profession and Notarial Archives Act, the Public Registry Act and the Land Registration Act; (d) know what procedures a notary has to comply with in terms of fiscal laws. 2. Skills: By the end of the study-unit the student will be able to: (a) interpret the law on notarial procedure under the Notarial Profession and Notarial Archives Act, the Public Registry Act and the Land Registration Act; (b) comment critically upon the procedure a notary has to comply with in terms of the Duty on Documents and Transfers Act and the Income Tax Acts; and (c) identify the applicable rules of notarial procedure established in the Civil Code and the Code of Organization and Civil Procedure. Main Text/s and any supplementary readings: Civil Code Code of Organization and Civil Procedure Notarial Profession and Notarial Archives Act Ecclesiastical Entities (Properties) Act Duty on Documents and Transfers Act Income Tax Acts Public Registry Act Land Registration Act |
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| ADDITIONAL NOTES | Students taking this study-unit need to have a background in law. | ||||||||
| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Daniel John Bugeja |
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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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