| CODE | CVL5026 | ||||||||
| TITLE | Registration of Acts and Titles | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Civil Law | ||||||||
| DESCRIPTION | The study-unit introduces students to name-based systems of registration like the Public Registry, and map-based systems like the Land Registry, and analyses the co-existence of the two. It examines the extent to which the English model of land registration has been adapted to our Civil Law tradition where the only system of registration had been for a very long time the registration of acts rather than titles. Though the Land Registration Act is primarily one regulating the procedure for the registration of title to land, the problem is addressed whether the law has also introduced concepts of a substantive nature like a special form of ten-year acquisitive or extinctive “prescription” based primarily on registration. The study-unit includes an examination of the theoretical nature and practical implications of a title and a guaranteed title, the indefeasibility of the latter (ostensibly the cornerstone of any system of land registration), the instances where the register may be rectified, and the right to an indemnity. The re-proposed Central Registry Bill will also be discussed in the light of a harmonised electronic registration system. The digital aspect of registrations will be discussed and compared to traditional modes of registration. The new possibilities offered by the electronic registers will be explored together with the effects that such an evolution brings about. Study-unit Aims: This study-unit aims to provide the student with a knowledge of Maltese Law which regulates acts and titles, the procedure to be followed in drawing up and registering such titles and the legal difficulties which arise when the law is not followed in relation to acts and titles. Learning Outcomes: 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: • To write about the importance of registration of acts and titles in the Public registry and the Land Registry; • To compare and contrast the current legal regime of the Public and Land Registries with the proposed regime of a Central Registry. 2. Skills: By the end of the study-unit the student will be able to: • To apply knowledge gained in this study-unit to the new digital and online tools available to Notaries for electronic registration through practical hands on sessions; • To register in the Public Registry and Land Registry acts and titles and carry out all other procedures related to the registration process. Main Text/s and any supplementary readings: Main Texts: - The Public Registry Act (Chapter 56) - The Ecclesiastical Properties (Entities) Act (Chapter 358) - The Land Registration Act (Chapter 296) - The Civil Code (Chapter 16), passim Supplementary Readings: - Farrand J T: Contract and Conveyance, Longman (the very brief section on registered titles) - Larsson G: Land Registration and Cadastral Systems, Longman - Ruoff, Roper, Pryer and West: The Law and Practice of Registered Conveyancing, Sweet and Maxwell (the standard work on the subject) - Ruoff and West: Concise Land Registration Manual, Sweet and Maxwell - Thompson M, Barnsley’s Conveyancing Law and Practice, Butterworths (the chapters on land registration) Reports: - Curtis G: Report on Land Registration in Malta (DOI 1959) - Ministry for Home Affairs: Discussion paper on proposed legislation to amend and consolidate laws relating to property transfers including proposals for ancillary initiatives (March 2000) - Law Commission: Land Registration for the Twenty-First Century, a consultative document (Law Com No 254, Cm 4027, 1998) - Ministry for Home Affairs: White Paper on the Central Registry Act, (April 2003) Bills: - Bill No 16 (17.10.2003) entitled The Central Registry Act - Bill No 3 (16.05.2008) entitled The Central Registry Act Dissertations: - Briffa M: Registration of Acts and Titles to ensure Certainty of Ownership, unpublished LLD dissertation, 2003 - Cauchi J: The Proprietary Registrable Act under the proposed Central Registry Act, unpublished LLD dissertation, Univ of Malta, 2004 - Cauchi J: Need for EU Coordination on Property Rights and Land Registration Systems, unpublished Mag Jur dissertation, Univ of Malta, 2005 - Cachia T: The Title and the Guaranteed Title in the proposed Central Registry Act, Univ of Malta, 2005 - Debono J: The Registration of Title to Land through Land Registration: Its Nature and Kind, unpublished dissertation, Univ of Malta, 1983 - Filletti J A: Some Legal Aspects of Land Registration, unpublished dissertation, RUM, 1969 - Fioretino S: Amendments in the proposed Central Registry Act which add to Certainty of Title to Ownership, Univ of Malta, 2004 - Muscat E A: Dealings with Registered Land under the Land Registration Act, 1981 unpublished dissertation, Univ of Malta, 1983 - Micallef F: The Indefeasibility of a Guaranteed Title under the Land Registration Act, unpubished dissertation, Univ of Malta, 1997 - Schembri L: Cautions and the Land Registration Act, unpublished dissertation, Univ of Malta, 2001 |
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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 | Hans-Karl Attard |
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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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