Evaluating the consequences emanating from improper drafting and registration of contracts in Malta

Abstract

The utmost priority of this dissertation is to delve into the study of evaluating the consequences that are faced by Maltese notaries when it comes to improper drafting and registration of contracts . Starting off on a historical note, reference is made in the first chapter to The Maltese Nineteenth-Century Notary and his Archives by Michael Refalo, which sheds light on the 19th century generation of notaries who established a form of ‘resistance’ in relation to registration of contracts. The findings of this reading are contrasted with today’s current notarial profession which leaves no room for non-compliance and it is therefore a necessity for Maltese notaries to properly draft and register contracts in accordance with the respective law. Chapter 2 then focuses on the different forms of responsibilities that today’s notaries are bound to adhere to, that being; civil responsibility, the responsibility to examine title and also post-drafting responsibilities such as the requirement to register contracts. This second chapter can be seen as a preface to the following chapter which is explicitly dedicated to evaluating the consequences that are faced by notaries who fail to properly carry out the responsibilities that were provided for in the preceding chapter. The question as to whether the contract itself is subject to repercussions with regards to a notary’s misconduct is also tackled in this third chapter. Lastly, the fourth and final chapter sheds light on a comparative analysis of foreign online systems of registration of contracts and also a personal opinion as to how the implementation of such a system within the Maltese legal framework will allow less room for improper drafting and registration, and in the long run, help reduce the chances of notaries being held liable with regards to failure to comply with the corresponding law.