The concept of nullity and annulability of notarial acts : a comprehensive view of Chapter 55 and Chapter 16 of the Laws of Malta

Abstract

The notion of nullity and annulability of Notarial Acts is one of the most discussed notions across the board. What makes a Notarial Act nullable rather than annulable? Whilst it is fairly known that a nullable act could lead to serious consequences, annulable acts could also have severe repercussions. I shall delve into several case law in order to delve into and examine these serious aftermaths. Do the requisites and formalities of such Notarial acts lead to these serious aftermaths? If the answer is yes, who should be held liable? Should the Notary Public be held responsible, or should the parties suffer, if in some cases they had nothing to do with such actions? In addition to this, I will also delve into Act XXIV of 2011 which was introduced in the Maltese Legislation as a way of safeguarding the parties’ rights when negligence was due on the part of the Notary Public. One of the aims of my study is to understand how such acts are deemed to be nullable rather than annulable. Furthermore, what is the Court’s understanding and how does it go about when deciding such issue? This study will also carry out and compare the requirements that are provided for in Chapter 16 of the Laws of Malta, in particular with regards to contractual obligations and the requirements that are held for with Chapter 55 of the Laws of Malta relating to the formalities of notarial acts. With regards to the necessities and the requirements needed for notarial acts, do these two chapters go hand in hand? Or are they in some way two opposing Chapters? Furthermore, have the grounds for nullity and annulability increased over the years? If the answer is yes, I will delve into such issue in order to further understand the reasoning behind such decision.