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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.

Students' Policies & Forms

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.

Join Session

Meeting ID: 982 2258 1009
Passcode: 857659

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.

Lecturer/s  

Dr Maria Ruth Ciantar

Dr. Julianne Meli

Lecture Summaries & Suggested Reading 

Lecture 1 - The Functions of the Court of Voluntary Jurisdiction, Adoption and Trusts Dr Maria Ruth Ciantar

• The court of voluntary jurisdiction - an explanation
• The jurisdiction of the court of voluntary jurisdiction
• The difference between contentious and non-contentious cases
• Design strategies to navigate non-contentious cases within the court, demonstrating the ability to manage and organise legal matters effectively.
• Manage and draft legal documents - the different types of legal documents. Plan and prepare draft and template legal documents, ensuring accuracy and compliance with relevant regulations and procedures
  specific to the court's jurisdiction and the covered legal matters.
• Formulate a comprehensive understanding of the legal applications covered by the court such as adoption, trusts, tutorship, curatorship, interdiction, incapacitation, absentees
• What is adoption?
• What are trusts?
• Guardianships- Planning the appointment of guardians is necessary.

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 2 - Tutorship, curatorship, Absentees, Interdiction and Incapacitation Dr Maria Ruth Ciantar

• What is tutorship?
• What is curatorship?
• Who are absentees.
• Introduction to interdiction, incapacitation.
• Interpret the jurisdiction and role of the court in safeguarding rights and interests that cannot be exercised by the rightful owner.
• Persons of unsound mind
• Infer the distinction between interdiction or incapacitation of persons of unsound mind.
• Construct opinions related to the administration of justice in areas covered by the court's jurisdiction, based on the acquired knowledge and understanding.

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 3 - Service of documents, Impunging documents, Challenging or Abstaining of a Judge Dr Maria Ruth Ciantar

• Infer how the service of application on interested third parties is calculated and managed.
• Derive an understanding and appreciation of the organisation and custody of applications and decrees.
• What is the difference between challenging a judge or abstaining from a judge
• Interpret matters of voluntary jurisdiction should not serve as grounds for challenging or abstaining from a judge.
• Interpret the grounds for solving and impugning acts executed by leave or with authorisation of the court.
• Interpret and infer legal concepts and principles underlying the court's role in safeguarding rights and interests and apply them in practical scenarios or case studies to solve complex legal problems

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 4 - Minors, Contentious and Non-contentious cases Dr Maria Ruth Ciantar

• Minor - who is a minor under the laws of malta
• Interpret the procedure to be followed when a person whose consent is required is a minor.
• When are minors heard? Where are they heard?
• Are minors always heard in court?
• Infer the significance and implications of non-contentious cases within the court's purview.
• Exploring the distinctive characteristics and the legal principles that govern non-contentious cases.
• Simplify complex legal concepts and principles related to the court of voluntary jurisdiction
• Enabling a clearer understanding of the court's jurisdiction
• The contribution to the administration of justice in safeguarding rights and interests.

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 5 - Open Court Closed Doors, Protection of rights, Guardianships Dr Maria Ruth Ciantar

• What is the difference between open court sittings and sittings held between closed doors?
• Interpret the significance of arranging the examination of applications with closed doors.
• Predict and anticipate potential challenges or obstacles that may arise within the context of the court's jurisdiction and propose effective solutions or strategies to address them.
• Protecting the rights and interests of people who cannot or are not able to safeguard their own rights and interests.

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 6 - Appeals, and Writing of legal documents Dr Maria Ruth Ciantar

• What is an appeal?
• It is always applicable?
• When is an appeal applicable?
• Plan specific time frames for various court-related activities and procedures.
• Organise relevant legal information pertaining to non-contentious cases and legal applications within the court's jurisdiction.
• Assemble relevant legal information pertaining to non-contentious cases and legal applications within the court's jurisdiction.
• Construct clear and concise writings on topics such as adoption, trusts, tutorship, curatorship, interdiction, incapacitation, and absentees
• Manage and draft legal documents and forms necessary for the court's proceedings, ensuring accuracy and adherence to established guidelines.

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 7 - Introduction to Succession Dr. Julianne Meli

• Introduction to Succession Law
• Drafting of Wills
• Registration of Public Wills and Secret Wills
• Explanation of the Process in the Court of Voluntary Jurisdiction with regards to Secret wills
• Explanation of the Declaration Causa Mortis
• Drafting of the deed of Declaration Causa Mortis
• Withdrawal of deceased funds from banking institutions

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 8 - Minors in Wills and Deeds  Dr. Julianne Meli

• Introduce instances in which minors may be parties to a contract
• Discuss the Legal Mechanisms allowing an adult to act on behalf of a minor in a deed
• Delve into the legal status of Wills executed by minors
• Introduction to the role of an Executor of a Will
• Explanation of the Duty of Collation and Inventory in Estate Administration

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 9 - Separations Dr. Julianne Meli

• Introduction to Personal Separation
• Introduction to Separation of Estates
• Distinguishing between Personal Separation and Separation of Estates
• Drafting and Planning deeds of Personal Separation and Separation of Estates
• Explanation of the Court Procedures prior to the final execution of Separation Agreements
• Registration of contracts of Separation and Separation of Assets

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Lecture 10 - The Institute of Emphyteusis Dr. Julianne Meli

• Introduction to the Institute of Emphyteusis
• A clear distinction between Perpetual Emphyteusis and Temporary Emphyteusis
• Explanation of the Redemption of Ground rent
• Differentiating Redemption by Contract and Redemption through Judicial Proceedings

Core Reading List

• Caruana Galizia, V., n.d. 'Notes on Civil Law', Faculty of Laws, University of Malta
• Cappelletti, Mauro 1989. The judicial process in comparative perspective, Oxford: Clarendon Press
• Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta
• Jolowicz, J.A. 2000. On Civil Procedure, Cambridge Studies in International and Comparative Law (No. 13), Cambridge: University Press

Supplementary Reading List

• Vella, D., 2008. The Modern Maltese Courts and Tribunals of Civil Jurisdiction: their origin, development and present day set-up (thesis)
• Ando', B., Aquilina, K., Scerri-Diacono, J., & Zammit, D. E. (2012). Malta. In V. V. Palmer (Ed.),
• Mixed Jurisdictions Worldwide: The Third Legal Family; 2nd ed. (pp. 528-576). Cambridge, UK: Cambridge University Press.

Methods of Assessment

There will be one in class group quiz after the last lecture on Friday March 7th, 2024, at 5.30 p.m. Information on how this will be carried out may be obtained by clicking on the button below. The Quiz will carry 20% of the final score.

Quiz Notes

For your final assignment, you have to choose 1 out of the 3 questions which has been made available in the Assignment Submission form below. Assignments should be submitted by not later than Thursday 8 May 2025. Assignment has to be submitted together with the Assignment Submission Form. The assignment will carry 80% of the final score.

Assignment

You are required to choose one of the three questions available in the Assignment Submission Form made available by clicking the button below. The assignment must be submitted no later than Thursday, 8 Mayy 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 availablee 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.

Assignments Rubric

For referencing purposes, please use the OSCOLA Referencing Guide available by clicking the button below.

OSCOLA Referencing Guide

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

Submitting a Paper

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

OSCOLA Referencing Guide