Announcements
Academy Documents
Kindly access the Students' Policies & Forms by clicking on the button below. The following documents, among others, can be found there: Student Handbook, Student Code of Conduct, Students' Privacy Notice, Deferral, Suspension, and Cancellation Policy, Assignment Extension Policy, Re-Sit Policy, Complaints Procedure Policy, Equality Policy, and Student Disciplinary Policy.
Online Sessions Link
To join the online sessions for this module, please click on the button below. If you are not already signed in to your Zoom account, you will be prompted to register your attendance. You will also need to enter the password provided below.
Meeting ID: 884 1661 8837
Passcode: 268410
Please ensure that your name and surname appear as registered for the study programme, as this is essential for recording your attendance.
Lecture Schedule & Notes
Lecture notes will be available during the week following the respective lecture. Schedule dates are indicative and may change. All changes, if any, may be communicated via email, SMS or telephone calls.
Lecture | Date | Time | Presentation | Notes (If Any) | Session Recording |
---|---|---|---|---|---|
Lecture 01 | 3 October 2024 | 17:30 to 20:30hrs | Presentation 01 | Request | |
Lecture 02 | 10 October 2024 | 17:30 to 20:30hrs | |||
Lecture 03 | 17 October 2024 | 17:30 to 20:30hrs | |||
Lecture 04 | 24 October 2024 | 17:30 to 20:30hrs | |||
Lecture 05 | 31 October 2024 | 17:30 to 20:30hrs | |||
Lecture 06 | 7 November 2024 | 17:30 to 20:30hrs | |||
Lecture 07 | 14 November 2024 | 17:30 to 20:30hrs | |||
Lecture 08 | 21 November 2024 | 17:30 to 20:30hrs | |||
Lecture 09 | 28 November 2024 | 17:30 to 20:30hrs | |||
Lecture 10 | 5 December 2024 | 17:30 to 20:30hrs | |||
Lecture 11 | 12 December 2024 | 17:30 to 20:30hrs | |||
Lecture 12 | 19 December 2024 | 17:30 to 20:30hrs | |||
Lecture 13 | 20 December 2024 | 17:30 to 20:30hrs |
Lecturer/s
Lecture Summaries & Suggested Reading
Lecture 1 - Roman Law as the basis of our Civil Law - Dr Marco Ciliberti
Following this session students will be:
- Have a general understanding of the origins, development and principles of Roman Law;
- Have a general understanding of the historical development of Maltese Civil Law and Roman Law as a source of Maltese Civil Law;
- Have a general understanding of the Roman Law of Persons in particular patria potestas, marriage, legitimatio, adoptio, tutela and cura;
- Have a general understanding of the Roman Law of Property including the modes of acquisition, possession and servitudes
- Have a general understanding of the Roman Law of Succession including testate and intestate succession
- Have a general understanding of the Roman Law of Obligations including the general principles of the law of contract and quasi-contract and tort and quasi-tort
Core Reading List
- Lee, R., 1987. The Elements Of Roman Law. London: Sweet & Maxwell
Lecture 2 - Effects of Marriage, Personal Separation and Divorce - Dr Rosanna Ciliberti
Following this session students will learn about:
- The Civil Code and Subsidiary Legislation
- Legal Requirements for Marriage
- Rights and Duties Arising from Marriage
- Difference between Separation and Divorce and the different implications
- Role of Mediation
- Role of Child Advocate
Core Reading List
- Civil Code Chapter 16 of the Laws of Malta
- Marriage Act Chapter 255 of the Laws of Malta
- Gender Based Violence Act Chapter 581 of the Laws of Malta
- Georgina Schembri pro et noe vs Dino Schembri (413/2000/1) decided 28th November, 2002
- AB vs CDB (184/2017AL) decided on 24th June 2021
Lecture 3 - Cohabitation and Matrimonial Regimes - Dr Sarah Vassallo Ciliberti
Following this session students will learn:
- Matrimonial Regimes under Maltese Law
- Rights & Duties of spouses within the different matrimonial regimes
- Cohabitation under Maltese Law
Core Reading List
- Salerno, P. (2021). The evolution of Maltese legislation relating to cohabitation: has the reform gone too far? (Master's dissertation).
- Farrugia, R., n.d. Challenges In Balancing Parental Rights And The Child’S Best Interests: A Preliminary Analysis Of The Malta Divorce Referendum (International Journal Of Jurisprudence Of The Family, Vol 2).
- Muscat. M (2011). Marriage contracts and matrimonial regimes : a local and European perspective
- Cohabitation Act, Chapter 614 of the Laws of Malta
Lecture 4 - Filiation and Parental Authority; Minority and Guardianship, Interdiction and Incapacitation - Dr Sarah Vassallo Ciliberti
Following this session students will learn:
- The principles of filiation, repudiation and adoption
- The principles of parental authority and guardianship
- Minority and tutorship
- Interdiction and incapacitation
Core Reading List
- Caruana, S. (2022). What makes a parent in Maltese law?: examining the criteria by which parental status is acquired and lost (Bachelor's dissertation).
Lecture 5 - Ownership, Usufruct and Easements - Dr Edward Saliba
Following this session students will:
- An understanding of the rights and obligations attached to Things (Immoveable and Moveable property), and specifically:
- Ownership
- Usufruct, and Use & Habitation
- Easements
- A general overview of how the legal provisions under the Law of Things have been interpreted by our Courts
Core Reading List
- Civil Code Chapter 16 of the Laws of Malta: Book Second, Part I, Title I, II, III and IV
- Judgements - https://ecourts.gov.mt/onlineservices/Judgements
Supplementary Reading List
Lecture 6 - Community of Property, Possession and Succession Part 1 - Dr Sarah Vassallo Ciliberti
Following this session students will learn:
- Possession of property and legal actions available
- A basic understanding of the main principles of succession such as different types of wills, the reserved portion and grounds of disherison
Core Reading List
Supplementary Reading List
- 327/2016SM, Helen armla minn Joseph Zammit Et vs vs Madeleine mart Joseph Muscat (decided 5th October 2018)
- 193/2011JA, David Cachia u martu Catherine Cachia vs Godfrey Casha (decided 14th December 2011)
Lecture 7 - Succession: Part 2 - Dr Rosanna Ciliberti
Following this session students will learn:
- The Law of Succession
- Testate and Intestate Succession
- Forms of Wills
- Reserved portion
- Usufruct
- Legacies
- Revocation of Wills
- Accepting or Renouncing to an Inheritance
- Benefit of Inventory
Core Reading List
Supplementary Reading List
- 327/2016SM, Helen armla minn Joseph Zammit Et vs vs Madeleine mart Joseph Muscat (decided 5th October 2018)
- 193/2011JA, David Cachia u martu Catherine Cachia vs Godfrey Casha (decided 14th December 2011)
Lecture 8 - Law of Obligations (Part 1): Contracts - Dr Rosanna Ciliberti
Following this session students will learn:
- Obligations through contracts
- Types of contracts
- Requirements of a valid contract
- Effects of Contracts
Core Reading List
Supplementary Reading List
- Judgements - https://ecourts.gov.mt/onlineservices/Judgements
Lecture 9 - Law of Obligations (Part 2): Quasi-Contracts, Torts and Quasi-Torts - Dr Marco Ciliberti
Following this session students will learn:
Core Reading List
Supplementary Reading List
- Pacifico Fenech vs William Ronald Murphy, Court of Appeal (decided on 3/11/2006)
- Mark Anthony Amato versus Charles Spagnol et, First Hall Civil Court (decided on 5/10/2001)
Lecture 10 - Liquidation of Damages - Dr Marco Ciliberti
Following this session students will learn:
Core Reading List
- Meilak Joanne, Compensation for Accidents, A study of Recent Devlopments (unpublished LL.D. thesis)
Supplementary Reading List
- 180/2018LM, Lawrence Camilleri et vs Construct Furniture (decided 26th January, 2022)
Lecture 11 - Mandate, Deposit, Loan and Suretyship - Dr Marco Ciliberti
Following this session students will learn:
Core Reading List
Supplementary Reading List
- 792/2016 AF, in the names Oleg Anatolyevich Sklyarov u Maria Dolores sive Doris Sklyarov vs Anthony Mallia u Kristina Aleksandrovna Mallia decided 26th October 2020
- 959/2009 in the names Joseph Mamo (ID 274836 M) vs Nutar Rachelle Farrugia Buhagiar LL.D (decided 28th January, 2016)
Lecture 12- Lease - Dr Edward Saliba
Following this session students will learn:
- An understanding of the legal definition of letting of things (lease), including:
- the rights and obligations appertaining to the parties (lessor and Lessee) entering into a contract of lease under the Civil Code
- the provisions of the Private Residential Leases Act
- A brief overview of the Rent Regulation Board
- A general overview of the special laws regulating particular leases
- A general overview of how certain legal provisions have so far been interpreted by our Courts
Core Reading List
- Civil Code Chapter 16 of the Laws of Malta: Book Second, Part II, Title IX, Sub-title I
- Private Residential Leases Act (Chapter 604 of the Laws of Malta)
- Reletting of Urban Property (Regulation) Ordinance (Chapter 69 of the Laws of Malta)
Supplementary Reading List
Lecture 13 - Sale and Prescription - Dr Edward Saliba
Following this session students will learn:
- An understanding of the principal elements of the contract of Sale, and a brief overview of:
- The obligations of the Seller (warranties)
- The Remedies available to the Purchaser
- The obligations of the Purchaser
- Prescription (acquiring a right)
- Prescription (release from action)
- A general overview of how the applicable legal provisions have been interpreted by our Courts
Core Reading List
- Civil Code Chapter 16 of the Laws of Malta:Book Second, Part II, Title VI, Subtitles I, II, III, IV and V
- Judgements - https://ecourts.gov.mt/onlineservices/Judgements
Supplementary Reading List
Methods of Assessment
3 out of a choice of 10 assignment titles - 100% weighting
There will be 2 assignment titles for each of the 5 of the following areas:
The Law of Persons
The Law of Succession
The Law of Property
The Law of Obligations
The Law of Guarantees
from which 3 questions from different areas should be addressed.
Assignment
You are required to choose three out of the ten questions available in the Assignment Submission Form made available by clicking the button below. The three assignments must be submitted no later than Thursday, 23 January 2025, along with the Assignment Submission Form. Please ensure that you indicate the question you have addressed on the Assignment Submission Form.
The Assignment Submission Form will be made available here at a later date
For guidance on how to plan, draft, and submit your assignment, please refer to the 21 Academy presentation on Writing and Submitting Your Assignment by clicking the button below.
Writing and Submitting Your Assignment
We are also providing the 21 Academy's Assignments Rubric for your reference. This rubric is a performance-based assessment tool that tutors will use for grading, and it will help you understand the requirements of the assignment and how it will be assessed.
For referencing purposes, please use the OSCOLA Referencing Guide available by clicking the button below.
Submitting Assignment - Turnitin
The Academy will notify you via email when the assignment questions become available. Shortly after, you will receive another email from Turnitin, likely on the same day, confirming your enrolment in a "class" where you can upload your assignment(s).
Please ensure that your assignments are submitted no later than 23:59 on the assignment submission deadline, as indicated on the Assignment Submission form or in the Turnitin "class."
At 21 Academy, you have the option to submit multiple drafts before the final submission deadline. The version uploaded at the deadline will be treated as your final submission for assessment. Please note that Turnitin evaluates the same assignment twice within a 24-hour period, so any additional submissions during this time will not be reviewed until the 24-hour period has passed. Ensure that your final submission does not exceed 20% similarity, particularly when using direct quotations.
Follow this very short video to understand how to submit your assignment through Turnitin
To understand the similarity report generated by Turnitin follow this 1 minute video
Understanding the Similarity Report
Referencing Style
Law students should use the OSCOLA referencing style as it is the standard citation system for legal writing in Malta. It ensures consistency, accuracy, and clarity when referencing legal sources, which is essential for academic and professional work. The video below provides detailed guidance on how to reference using OSCOLA. Please also refer to the OSCOLA Referencing Guide by clicking the button below