| CODE | LAW5073 | ||||||||
| TITLE | Basic Notions of Civil and Commercial Law | ||||||||
| UM LEVEL | 05 - Postgraduate Modular Diploma or Degree Course | ||||||||
| MQF LEVEL | 7 | ||||||||
| ECTS CREDITS | 5 | ||||||||
| DEPARTMENT | Faculty of Laws | ||||||||
| DESCRIPTION | Basic Notions of Civil Law This study-unit will discuss law in general, the notions of 'jus', 'jurisprudence, 'justice' and 'equity'. It will deal with the classification of law from the point of view of origin, the nature of the legal relation and the extent of the application. the way the law is interpreted and supplemented is discussed, including the theories of interpretation, the types of interpretation, traditional maxims on doctrinal interpretation, and supplement of law. Law will be considered as to its effects in space and time, including transitory law, the theory of prohibitive laws and theories based on vested rights Another component of the study-unit will address the sanction of law, the abrogation of law, subjects of law, the object of a right and the exercise and protection of rights. Basic Notions of Commercial Law Description: - What is Commercial Law? - the place of commercial law in the private law sphere; - The sources of commercial law in their order of priority, namely written commercial law, usages of trade and civil law; - The notion “act of trade”, its distinction from an act of a civil nature and its relevance in the private law sphere; - The classification of acts of trade; - A detailed analysis of what constitutes an objective act of trade and a subjective act of trade; accessory acts of trade; mixed acts of trade. - The definition of a trader and the legal requirements for becoming a trader; - The distinction between incompatibility and incapacity to trade; - Emancipation of minors to trade, procedure for emancipation, termination of emancipation. N.B. The unit is based on the introductory articles of the Maltese Commercial Code namely articles 2 to12. Duties of Traders (including unfair competition) Description: - An overview of the legal duties of traders listed in the Commercial Code relating to the keeping of trade books; the publication of marriage contracts, and the limits of competition; - The duty of the trader to keep trade books; the obligatory and optional trade books; the probatory force of trade books; - The duty of a notary receiving a marriage contract or any deed varying such contract between persons any one of whom is a trader to file to register the contract; - The limits of competition and the action of unfair competition: - Historical development - General characteristics and considerations - A detailed study of the various acts of unfair competition including: the unlawful use of names, marks or distinctive devices, false indication of origin of goods, the spreading of news prejudicial to other traders a - The action of unfair competition and the remedies N.B. The unit is based on the legal provisions contained in Title II of Part 1 of the Maltese Commercial Code, namely articles 13 to 37 Study-unit Aims This study-unit aims to teach to the students the main principles of civil and commercial law. This is an introductory study-unit to Civil and Commercial Law aimed at introducing to non-lawyers the basic notions of civil and commercial law which mediators should know when carrying out their mediation sittings. In this way students will grasp better the civil and commercial law which they may end up mediating upon. Learning Outcomes 1. Knowledge & Understanding: By the end of the study-unit the student will be able to: (a) write about the areas covered by civil and commercial law and the distinction and inter-relationship between commercial law and civil law in the Maltese juridical system; (b) distinguish the juridical concepts of “act of trade” and “trader” which are used by the law to determine the boundary line between the areas governed by commercial law and the areas covered by civil law; (c) discuss whether or not it is necessary and/or desirable to have a legal distinction between acts of trade and acts of a civil nature. (d) understand the legal provisions relating to capacity to trade (e) write about the duties imposed by the Commercial Code on persons who in terms of law acquire the status of a trader; (f) provide a detailed study of Maltese law relating to unfair competition; (g) know the rules of legal interpretation. 2. Skills: By the end of the study-unit the student will be able to: (a) apply the principles of Civil and Commercial Law to cases referred to mediation (b) be able to better mediate civil and commercial law disputes once they will have gained knowledge of family law (c) provide a better service to clients attending civil and commercial law mediation sessions (d) reduce the risk, if not eliminate it totally, of misdirecting parties referred to mediation in so far as civil and commercial law is concerned Main Text/s and any supplementary readings Selected Bibliography: - Professor Joseph M. Ganado, 'Notes on Prolegomena', Faculty of Laws, University of Malta, 1965. - Professor Joseph Micallef, "Notes on Commercial Law", Faculty of Laws, University of Malta. |
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| STUDY-UNIT TYPE | Lecture | ||||||||
| METHOD OF ASSESSMENT |
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| LECTURER/S | Nicolai Bugeja Carmelo Mifsud Bonnici Ilona Schembri |
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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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