Public registry legislation on internal matters from 1821 to date

Abstract

This thesis deals with the internal legislation of the Public Registry in Malta, from the date of its establishment, in 1821, to date. It centres around the evolution of the notion of publicity in the field of registration, which is akin to the hypothecary system. The desire to render Malta's hypothecary system more effective, constituted historically, not only the underlying reason for the establishment of the Public Registry, but also its subsequent development throughout the years. The role of the notary, and thus the law governing the notarial profession and, particularly, their deeds, was also of fundamental importance. An examination of the vicissitudes of the Public Registry could not be carried out without including an insight into certain aspects of the development of notarial law. Chapter 1, by way of introduction, purports to give an outline of the first traces of registration of notarial contracts and of hypothecary rights related to the transfers of immovables. The second chapter, treats the milestones in the establishment of the offices of the Public Registry, in Malta and Gozo, as viewed against the political background of the times. The third chapter, gives a rather detailed account of the first legislative attempts at establishing a legal system that was to regulate causes of preference and the subsequent requirement of its registration. Then, the last chapter, deals with the first act regulating the Public Registry, enacted in 1927. This was mainly an incorporation of the laws enacted so far, consolidated in the form of a legislative Act of the legislature, together with a few amendments. From 1927 onwards, other amendments were introduced, to refine the system according to the needs of the time.