The notary public in Malta from the Vilhena Code of 1723 to Ordinance V of 1855

Abstract

The role of the Notary Public in Malta has always been given significant weight and importance in the Maltese legal system and our society in general. In fact, in past times, the Notary was customarily referred to as "Magnifico", an Italian term meaning "magnificent". Furthermore, notarial acts have been frequently considered to be the best kind of evidence as regards written agreements. Therefore, the magnitude of such a profession continuously required appropriate legislation to regulate its mechanisms. This thesis concentrates on portraying a historico-legal account on the development of laws regulating the Notary Public from the Vilhena Code of 1723 to Ordinance V of 1855. The thesis starts with an introduction highlighting the aim of this thesis, the sources analysed and the method used. By way of necessity, Chapter one of the thesis depicts the position of the Notary prior to the enactment of the Vilhena Code. Hence, it serves as a backdrop to the remainder of the thesis. Chapter two focuses on the regulations vis-a-vis the notarial office established under the Vilhena Code of 1723 and any further amendments made in the years following its promulgation till 1784. The provisions relevant to Notaries found within the next major codification, namely the Code de Rohan of 1784, are examined under Chapter three, together with any other rules enacted prior to the departure of the Order of Saint John from the Maltese Islands. The fourth Chapter highlights the legislation and events which arose during the French and British Period, but preceding the introduction of Ordinance V of 1855. Chapter 5 presents a study on the effects and implications of Ordinance V of 1855, which consolidated the laws regarding Notaries Public and notarial acts.