Code of Organization and Civil Procedure (Cap. 12)

legislation.mt (official source) · last checked 2026-10-09 · 1022 articles

Art. 2(1) The courts of justice of civil jurisdiction for Malta are either superior or inferior. Each court may be d
Art. 3The superior courts are: (a) the Civil Court; (b) the Court of Appeal; and (c) the Constitutional Court. Infer
Art. 4The inferior courts are: (a) the Court of Magistrates (Malta) for the Island of Malta; (b) the Court of Magist
Art. 5(1) Save as otherwise provide d by law, the jurisdiction of the superior courts is general for Malta. (2) The
Art. 5AThe provisions of this Code and of any subsidiary legislation made thereunder shall also apply, in accordance
Art. 6(1) The Chief Justice and President of the Court of Appeal and all other judges shall sit in the superior cour
Art. 7(1) The magistrates shall s it in the inferior courts. (2) The Chief Justice may designate one of the magistra
Art. 8(1) Saving the cases expressly provided for in this Code, the judges shall not, except in open court, either d
Art. 9Moreover, it shall not be lawf ul for any of the judges to act as an arbitrator, or to accept any tutorship or
Art. 10(1) The judges shall, before entering on the execution of their office, take, before the President of Malta, t
Art. 11(1) The President of Malta shall assign to each of the judges his duties by assigning to him the court or the
Art. 12(1) The provisions of articles 8, 9, 10 and 11(1) shall, mutatis mutandis, also apply to the President of the
Art. 13Repealed by XXXI.2002 .8. Oaths to be taken by supplementary judges. Amended by: XV .1913.3; XII.1918.4; XIII.
Art. 14Repealed by XXXI.2002 .8. Applicability of certain provisions to magistrates. Amended by: XV .1913.5; IV .1924
Art. 15The provisions of articles 8, 9, 10 and 11 shall, mutatis mutandis , apply to magistrates; and the references
Art. 16It shall not be lawful for any judge or magistrate to carry out any other profession, business or trade, or to
Art. 17Repealed by XXXI.2002 .11. Surrogation of magistrates. Amended by: XV .1913.6; XXXI.1934.5; L.N. 46 of 1965; L
Art. 18Repealed by XXXI.2002 .11. Power of President of Malta to make regulations respecting the distribution of duti
Art. 19Repealed by XXXI.2002 .11. Supplementary magistrates for Gozo. Amended by: XV .1913.6; XIII.1964.11; L.N. 46 o
Art. 20Repealed by XXXI.2002 .11. 12 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Language of the courts. Amend
Art. 21(1) The Maltese language shall be the language of the courts and, subject to the provisions of the Judicial Pr
Art. 22(1) Causes shall be tried in public: Provided that it shall be lawful for the court to order that the cause be
Art. 23The judgment shall in all cases be delivered in public. The court delivering the judgment shall read out the o
Art. 24Any order in regard to any matter pending before the courts shall be given by the court to which such matter a
Art. 25Saving the proviso to article 15, suitors as well as advocates, legal procurators and all other persons acting
Art. 26Any suitor, advocate or legal p rocurator, desiring to apply to the court for any order, may do so either when
Art. 27(1) There shall be such number of registries as the Minister responsible for justice may prescribe by regulati
Art. 28There shall be such archives wherein there shall be deposited all the acts of the courts which are to be depos
Art. 29(1) There shall be a Board composed of the Chief Justice, as chairman, who shall also have a casting vote, a j
Art. 30Advocates and legal procurators, when they appear before the superior or inferior courts, shall be deemed to b
Art. 31Repealed by XXXI.2002 .15. Civil Court. Amended by: XI.1859.2; L.N.148 of 1975. Substituted by: XXIV .1995.13;
Art. 32(1) One Judge shall sit in each section of the Civil Court. (2) The Civil Court shall take cognisance of all c
Art. 33The exercise of voluntary jurisdiction in matters of a civil nature shall be assigne d to the Civil Court. App
Art. 34Save where otherwise provided by this Code or any other law, judgments of the Civil Court, First Hall, are sub
Art. 35No appeal shall lie from any decree of the Court of voluntary jurisdiction; but it shall be lawful for any par
Art. 36(1)* The Civil Court, First Hall and the Civil Court (Family Section) shall be compete nt to hear cases in Mal
Art. 36A(1) The Civil Court, First Hall when exercising its jurisdiction to hear cases filed under the provisions of t
Art. 37Repealed by: XXIV .1995.15. Jurisdiction in bankruptcy, etc. Amended by: XI.1858.2; IV .1862.3; IV .1905.3; XV
Art. 38Repealed by: XXIV .1995.15. Duties of Judge of Civil Court, First Hall in respect of proceedings concerning av
Art. 39Any Judge sitting in the Civil Court, or any section thereof shall regulate the proceedings c oncerning averag
Art. 39ARepealed by: XXXI.2002 .19. Appeal from judgements of Commercial Court. Amended by: XV .1913.11.
Art. 40Repealed by: XXIV .1995.17. Court of Appeal Constitution. Jurisdiction. Amended by: VII.1880.7; XV .1913.14; X
Art. 41(1) The Court of Appeal shall consist of one or more chambers. (2) Where the Court of Appeal consists of one o
Art. 42The Court of Appeal shall be ex clusively competent to take cognizance of the appeals referred to in article 6
Art. 44The Court of Appeal, besides taking cognizance of the causes referred to in this Title , shall also take cogni
Art. 45The Constitutional Court shall be so constituted and shall exercise such jurisdiction as is provided in the Co
Art. 46The provisions of article 34 and of article 41(9) shall be without prejudice to the provisions of article 46(4
Art. 47(1) A magistrate shall sit in the Court of Magistrates (Malta), and such court shall, as a court of first inst
Art. 48Deleted by XXXI.2002 .22. Appeal from judgment of Court of Magistrates. Amended by: VII.1880.8; XV .1913.17; V
Art. 49From the judgments of the Court of Magistrates (Malta) or from the Court of Magistrates (Gozo), an appeal shal
Art. 50(1) Subject to the provisions of article 770 and 771, the Court of Magistrates (Gozo) sha ll, to the exclusion
Art. 51Repealed by: XXIV .1995.25. Judgments subject to appeal to Court of Appeal. Amended by: XXIII.1971.6; XIII.198
Art. 52Repealed by: XXIV .1995.25. Applicability of provisions relating to superior courts, to Gozo Court in its supe
Art. 53In regard to causes within the superior jurisdiction of the Court of Magistrates (Gozo) the provisions relatin
Art. 54The Court of Magistrates ( Gozo), consisting of one magistrate to be named by the Pr esident of Malta in that
Art. 55Repealed by XXXI.2002 .25. 22 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Saving. Added by: XIII.1964.1
Art. 56The provision of article 49 shall be without prejudice to the provision of article 46(4) and article 95(2) of
Art. 56ANotwithstanding any of the provisions of this Code the inferior courts shall not take cognizance of any claim
Art. 57(1) The Director General (Courts) shall be appointed by the Prime Minister and, unless the Minister responsibl
Art. 58(1) There shall be such registries of the Courts and other tribunals established by law, as the Minister respo
Art. 59It shall not be lawful for the registrar or any other officer acting in his stead to discharge the duties of r
Art. 60The Director General (Courts) and each registrar, on entering upon the execution of their respective offices,
Art. 61(1) The registrar, unless otherwise provided in this Code, shall register the proceedings and the orders of th
Art. 62The registrar shall certify the authenticity of every copy which may be required of any act or document existi
Art. 63The registrar shall be responsible for any loss, mutilation or alteration of any act or document filed in the
Art. 64(1) Judicial costs shall be taxed and assessed by the registrar, and the assessment made by him may not be imp
Art. 65(1) There shall be such archives of the Courts and other tribunals established by law, as the Minister respons
Art. 66The Minister responsible for jus tice shall designate persons to act for the Director General (Co urts), the R
Art. 67(1) There shall be court executive officers who shall be entrusted with the service and the execution of any j
Art. 68(1) Court executive officers designated for the purpose by the Minister responsible for jus tice are also char
Art. 69(1) Court executive officers shall execute their duties personally unless otherwise pres cribed by regulations
Art. 70Saving the provisions of article 992, if any person knowingly avoids, obstructs or refuses service of any act
Art. 71Where, before the execution of any warrant, it shall come to the knowledge of the executive officer that the p
Art. 72Every officer charged with the execution of any order of the court shall, for the discharge of his duties, hav
Art. 73In the case of opposition by the use of violence, it shall be lawful for an executive officer to demand the as
Art. 74Repealed by XXXI.2002 .37. Duties of archivist. Amended by: XI.1858.4; VI.1880.14; XV .1913.26.
Art. 76Repealed by XXXI.2002 .37. Responsibility of archivist. Amended by: VI.1880.14,17; XV .1913.27.
Art. 77Repealed by XXXI.2002 .37. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 27 Registrar of Superior Courts
Art. 78Repealed by XXXI.2002 .37. Amended by: XXXI.2002.38. Title V OF THE LEGAL PROFESSION Definitions in this Title
Art. 78A(1) For the purposes of this Title and of Title VIII of Book First of this Code, the expressions "Member State
Art. 79(1) No person may exercise the profession of advocate or provide legal services in Malta or otherwise hold him
Art. 80Any person on being so authorized shall, before entering upon the exercise of the profession, of advocate take
Art. 81(1) No person shall be entitled to obtain the warrant referred to in article 79, unless - (a) he is a fit and
Art. 81AThe Minister responsible for justice may make regulations for bringing into effect the provisions of the Mutua
Art. 82Save as may be provided in regulations made under article 1004, it shall not be lawful for any advocate to fix
Art. 83Advocates shall not, either directly or indirectly, enter into or make any agreem ent or stipulation quotae li
Art. 84(1) A person may be disqualified perpetually or for a time to practice the profession of advocate on the recom
Art. 84A(1) The Chamber of Advocates shall be an independent professional body for advocates in Malta and shall be reg
Art. 85(1) No person may be admitted to practice as a legal procurator without the authority of the President of Malt
Art. 86Any person on being so admitted shall, before commencing to practise as legal procurator, take before the Cour
Art. 87No person shall be entitled to o btain the warrant referred to in article 85 unless - (a) he is a fit and prop
Art. 87AThe Minister responsible for justice may make regulations for bringing into effect the provisions of the Mutua
Art. 88The provisions of articles 83 and 84 shall apply to legal procurators. 32 CAP. 12.] CODE OF ORGANIZATION AND C
Art. 88A(1)A law firm shall be registered in the Register maintained by the Committee following an application in writ
Art. 88B(1)The name of a law firm: (a) shall contain terms such as "advocates", "legal", "law firm" or words of simila
Art. 88CNotwithstanding any provision in any other law and any agreement to the contrary: (a) any act or service that
Art. 88D(1) The Committee shall maintain and keep updated a Register containing the following information: (a) the nam
Art. 89(1) The Minister responsible for justice shall nominate such panels as he may deem fit, each panel consisting
Art. 90Deleted by: III.2002 .158. Publication of lists. Amended by: VI.1880.18; VIII.1990.3. Substituted by: XXIV .19
Art. 91A list of the members of the panels appointed as aforesaid shall be published in the Gazette. Performance of d
Art. 92The persons appointed under the provisions of this Title shall perform their duties in rotation. Order of rota
Art. 94Where, owing to impediment or challenge of the persons on the rota, the required selection of an advocate, leg
Art. 95The curators selected under the preceding articles of this Title, in causes where either both parties or the p
Art. 96In case of misconduct, negligence or any reasonable objection to any curator selected from the rota to perform
Art. 97(1) It shall be an abuse in t he exercise of his profession: (a) for any advocate or legal procurator to knowi
Art. 97A(1) The President of Malt a shall appoint judicial assistants to perform such funct ions as are by this Code o
Art. 97B(1) A judicial assistant shall not enter upon the functions of his office before he has take n, before the Cou
Art. 97CWithout prejudice to the provisions of sub-article (2) of article 97B, where in proceedings before a judicial
Art. 98Any judicial act done in virtue or in pursuance of an act which is null is equally null. Reiteration of an act
Art. 99Any act which is null may be replaced by another, provided the peremptory time within which the act is to be d
Art. 100No person may plead a nullity of form, of which he or his agent has been the cause. CODE OF ORGANIZATION AND C
Art. 101Any legal or judicial tim e the running of which is dependent on an act requiring service or publication, shal
Art. 102Where any legal or judicial time is to be reckoned from a stated day, such day shall not be considered as incl
Art. 103In the reckoning of any time, the day is reckoned at twenty-four hours, and the month and the year are reckone
Art. 104Save as otherwise expressly provided, the time of twenty- four hours shall be deemed to expire on the followin
Art. 105Any legal or judicial time sh all run also against the party at whose request or for whose b enefit such time
Art. 106Any legal or judicial time, not being peremptory, may be extended on good cause being shown, provided the requ
Art. 107It shall be lawful for the court, in cases of urgency, to abridge any legal time and to order that an act be c
Art. 108The days referred to in the next following article shall not suspend the running of times; bu t if the last da
Art. 109(1) Court sittings may be held on such days and at such times as may be prescribed by the Minister responsible
Art. 110Every court and every judge or magistrate shall have power to administer oaths. Form of oath in accordance wit
Art. 111A witness professing the Roman Catholic faith shall be sworn according to the custom of those who belong to th
Art. 112(1) Witnesses or other persons required to take the oath shall swear to tell the truth, the whole truth and no
Art. 113The court, before which an oath is to be taken, shall have power to warn the party about to take the oath, as
Art. 114The oath shall in all cases be taken personally by the party to be sworn. Judicial acts accessible to all pers
Art. 115The acts of every court shall be accessible to all persons, and copies thereof shall be given out at the reque
Art. 116No original act may be give n out to any advocate, legal procurator, litigant or other person not employed in
Art. 117*Every warrant of the superior courts shall be issued in the name of the Republic of Malta a nd shall be witne
Art. 118Without prejudice to the provisions of article 117, any act requiring the signature of a judge or magistrate s
Art. 119Notwithstanding the provis ions of the last preceding article, any judge may give the requisite directions upo
Art. 119AAny person shall, when filing in the registry of the court any act or document which requires service to anoth
Art. 120Revoked by Act XXXI.2002 .52. Vacations in superior courts. Amended by: XI.1859.3; XV .1900.1; II.1903.1; VIII
Art. 121Revoked by Act XXXI.2002 .52. No sittings to be held during recess. Exceptions. Amended by: XI.1859.3; VII.188
Art. 122Revoked by Act XXXI.2002 .52 Issue of warrants during recess. Amended by: II.1940.3; XXXI.2002.53.
Art. 123Vacations as may be established by regulations under article 109 shall not be a bar to the issue or execution
Art. 124In this Code, the phrase "working days" does not include Saturdays. PART I OF THE ORDINARY MODE OF PROCEDURE I
Art. 125(1) In the superior courts and in the Court of Magistrates (Gozo) in its superior jurisdiction, proceedings ar
Art. 126Repealed by: XXIV .1995.57. Libel. 127. Repealed by: XXIV .1995.57. Contents of libel. Amended by: X.1856.1.
Art. 131Repealed by: XXIV .1995.57. Service of libel on defendant. Amended by: XV .1913.39; XIX.1965.5.
Art. 132Repealed by: XXIV .1995.57. Time for answer to libel in Civil Court. Amended by: IX.1886.15.
Art. 133Repealed by: XXIV .1995.57. Time for answer to libel filed in Gozo court. Amended by: IX.1886.15; XV .1913.40;
Art. 138Repealed by: XXIV .1995.57. Service of reply. 139. Repealed by: XXIV .1995.57. Power of court in regard to ple
Art. 140Repealed by: XXIV .1995.57. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 41 Closing of written pleadings
Art. 141Repealed by: XXIV .1995.57. Ordinary procedure before appellate court. Amended by: IX.1886.17; XV .1913.41; XI
Art. 142(1) Save as otherwise provided by this Code or by or under any other law, the mode of procedure before an appe
Art. 143(1) The application for the reversal of a judgment shall contain a reference to the claim and to the judgment
Art. 144(1) An appeal may be entered by any party against all the other parties or against any one of them. The appell
Art. 145No new documents may be produced together with the application, reply, or rejoinder without authorization from
Art. 146(1) The written pleadings in appeal shall be deemed to be closed by the answer to the application, or, in defa
Art. 147(1) The court may, after the close of written pleadings in line with article 146, whenever, under the circumst
Art. 148Repealed by: XXIV .1995.63. Time for filing written pleadings not to run during vacations. Amended by: IV .186
Art. 149Repealed by: XXIV .1995.63. Cases in which production of documents is permitted outside prescribed time. Amend
Art. 150(1) The Court of Appeal shall only allow the production of new documents - (a) if, notwithstanding all due dil
Art. 151The registrar shall note down in a book to be kept for the purpose, the causes the written pleadings whereof s
Art. 152(1) Following the closure of written pleadings, the registrar shall verify the payment of the security for cos
Art. 153(1) The default of the filing of a reply to an appeal or cross- appeal shall not debar the party who was entit
Art. 154(1) The procedure by sworn ap plication is considered to institute a cause, when the court issues or gives an
Art. 155(Repealed by Act XXII.2005 .16. ). Drawing up and contents of sworn application. Amended by: IX.1886.22; XXXI.
Art. 156(1) The sworn application shall be prepared by the plaintiff and sh all contain - (a) a statement which gives
Art. 156ARepealed by: XXIV .1995.68. Service of sworn application. Amended by: IX.1886.23; XV .1913.45,46; XXXI.1934.23
Art. 157It shall be the responsibility of the plaintiff to cause a copy of the sworn application, any affidavit of the
Art. 158(1) The defendant shall file his sworn reply within twenty days from the date of service, unless he intends to
Art. 159(1) Except a reference to the law, the sworn application and the sworn reply, which are to be in a summary for
Art. 160Any party intending to produce a witness in any proceedings before any court may, together with the sworn appl
Art. 161(1) In the Superior Courts and in the Courts of Magistrates in Malta and in Goz o, proceedings are ordinarily
Art. 162Repealed by: XXIV .1995.73. Mode of procedure in Commercial Court and in Gozo court in its superior commercial
Art. 163Repealed by: XXIV .1995.74. Nullity of proceedings. Amended by: XI.1859.6. Substituted by: XXIV .1995.75. Amen
Art. 164(1) Saving the provisions of article 175, nullity shall ensue if proceedings which shoul d have been institute
Art. 165It shall be lawful for the court, on the case being closed, at the request of either of the parties, to grant
Art. 166Where leave as provided in the last preceding article is granted to either of the parties, the opposite party
Art. 166A(1) In actions for the recovery of a debt certain, liquidated and due not consisti ng in the performance of an
Art. 166B(1) A judicial letter issued in terms of article 166A shall not constitute an executive title unless it is reg
Art. 167(1) In actions within the jurisdiction of the superior courts or the Courts of Magistrates (Gozo) in its super
Art. 168A copy of the declar ation and any affidavit and of the note of the documents produced with the sworn applicat
Art. 169In the cases referred to in ar ticle 167, the sworn application shall be served on the defendant without delay
Art. 169AThe sworn application, the declaration and any affidavit and note produced therewith, and any order referred t
Art. 170(1) If the defendant fails to appear to the sworn application, or if he appears and does not impugn the procee
Art. 171(1) In the Court of Magistrates (Malta) and in the Court of Magistrates (Gozo) in its inferior jurisdiction, p
Art. 171AOn the day appointed for the first hearing, the Court shall examine prima facie whether, due to circumstances
Art. 172(1) Where a reversal or variation of any judgment delivered by the Court of Magistrates (Malta) or by the Cour
Art. 173(1) The court may, in order to ensure full compliance with all matters of procedure, o r to seek more detailed
Art. 174(1) Every written pleading shall contain - (a) an indication of the court or section thereof in which the plea
Art. 175(1) The court may, at any stage of the proceedings, at the request of any of the parties, until judgment is de
Art. 176(1) Pleadings shall be printed, type-written or written in ink: Provided that in every case th ey shall be dra
Art. 178The written pleadings and the applications whether sworn or not shall be signed by the advocate and also by th
Art. 179Written pleadings shall be filed in the registry of the respective court during the time in which, according t
Art. 180(1) Subject to the provisions of article 181, written pleadings may be filed - (a) personally by the party ple
Art. 181(1) When a written pleading is to be filed by the Prime Minister or other Minister, by a head of department or
Art. 181A(1) Where a written pleading is filed by or against a body having a distinct legal personality, it shall be su
Art. 181B(1) The judicial representation of the Government in judicial acts and actions shall vest in the head of the g
Art. 181C(1) Saving the provisions of article 181D, a judicial act or a written pleading may be filed in the registry o
Art. 181D(1) A request for the issue of a warrant or garnishee order by a civil court or tribunal in Gozo may be filed
Art. 182(1) Where any of the persons mentioned in article 180(1)( b), (c), (d) and (e) has filed any written pleading
Art. 183When a written pleading is filed, the registrar shall write thereon the date of filing, the name and character
Art. 184(1) If any difficulty shall arise in or about the filing of any written pleading, the registrar shall inform t
Art. 185Saving the provisions of article 186(1), where an act is to be served on two or more persons even if they live
Art. 186(1) Where two or more parties are pleading together, they shall, on filing the pleading, apart from giving the
Art. 187(1) Service shall be effected by the delivery of a copy of the pleading to the person on whom the pleading is
Art. 187A(1) The Chief Electoral Commissioner shall make accessible online and free of charge the electoral register fo
Art. 188(1) The officer charged with the service of an act shall, on the same day when he serves or unsuccessfully see
Art. 189(1) If an act filed in, or a warrant or garnishee order issued by any court in the Island of Malta is to be se
Art. 190(1) If an act filed in or a war rant or garnishee order issued by the Court of Magistrates (Gozo) is to be ser
Art. 191(1) Copies shall be printed, typewritten, made by other mechanical or electronic means or by any photographic
Art. 192In case of non-compli ance with the provi sions contained in the last preceding article, the p arty shall be e
Art. 193The provisions contained in this Title shall apply to all the courts and to all other acts filed by the partie
Art. 193A(1) Causes shall be assigned in accordance with rules of court or regulations made in accordance with article
Art. 194(1) The registrar shall cause a list of the causes which are to be tried at a particular sitting to be posted
Art. 195( 1 ) A c a u s e t h e w r i t t e n p l e a d i n g s o f w h i c h h a v e b e e n concluded shall be set d
Art. 196(1) The absence of any witness regularly subpoenaed, shall be good ground for an adjournment of the cause, pro
Art. 197(1) Causes shall be tried in the order in which they stand on the list, unless the court for a good reason sha
Art. 198Before the hearing of a cause commences, the proper officer shall, outside the entrance of the court room, ann
Art. 199(1) If, after a cause is called on three times, the contending parties or their advoc ates or, in the causes b
Art. 199A(1) In any cause, a court may on application of one of the parties or of its own motion, after hearing represe
Art. 200(1) The plaintiff shall likewise be non suited with costs if, when the cause is called on, it is found that no
Art. 201If the defendant or his advocate, or, in the causes before the inferior courts, the defendant or his advocate
Art. 202Repealed by XXXI.2002 .74. Power of court to vary order of production of evidence. Substituted by: XXIV .1995.
Art. 203Repealed by XXXI.2002 .74. Party may plead personally or through advocate. Amended by: XXXI.2002.75.
Art. 204(1)( a)The parties, either personally or through their advocates or, in the inferior courts, either personally
Art. 205(1) The party assisted by an advocate may not, without leave of court, make any submissi on except through his
Art. 207(1) Save for the provisions of sub-articles (5) and (7), all proceedings before an appellate c ourt shall be c
Art. 208(1) No witness who was not produced in the court below may be produced on appeal, unless - (a) the opposite pa
Art. 209(If, the court sets an appeal for oral hearing, and after that the cause is called on three (3) times, neither
Art. 210It shall not be lawful for the parties or their advocates to interrupt each other. Every person whose turn it
Art. 211When the hearing is concluded, the court, if it does not deliver judgment on the same day, shall reserve judgm
Art. 212(1) If the court does not deliver judgment on the day fixed for the trial of the cause , the court shall give
Art. 213In first instance, in the Cour t of Magistrates (Malta) and in the Court of Magistrates (Gozo) in its inferior
Art. 214In the courts mentioned in the last preceding article, the parties shall appear personally or through any of t
Art. 215The courts mentioned in article 213 shall proceed summarily and with the utmost despatch consistent with the d
Art. 216The judgment shall be delivered by the judge or magistrate before whom the cause has been t ried; and when the
Art. 217In a court consisting of more than one member, the decision of the majority shall form the judgment which shal
Art. 218T h e c o u r t s h a l l i n t h e j u d g ment premise the reasons on which the decision of the cour t is ba
Art. 219Every declaration intended by the court to be conclusive or binding shall be included in the operative part of
Art. 219A(1) In proceedings for the recovery of a debt, a judgement given upon admission of the claim or upon a claim t
Art. 220When judgment is delivered, the registrar shall record the decision together with the reasons given by the cou
Art. 221(1) Saving the provisions of article 173, interlocutory decrees shall be delivered and r ecorded in the manner
Art. 222Where the claim is for some specific performance, the judgment shall state a time, according to circumstances,
Art. 223(1) Every definitive judgment shall award costs against the party cast. (2) In the case of an interlocutory de
Art. 224I f t w o o r m o r e p e r s o n s a r e c o n d e m n e d i n c o s t s , e a c h person shall be deemed to
Art. 225Where any tutor, curator, heir under the benefit of inventory or other private or public administrator has in
Art. 226(1) An appeal is entered by means of an application to be filed in the registry of the Court of Appeal within
Art. 227Judgments delivered by the Court of Appeal are not appealable. Other judgments not subject to appeal. Amended
Art. 228(1) No appeal shall lie from any judgment given upon admission of the claim, or accepte d by the renunciation
Art. 229(1) An appeal from the decrees mentioned hereunder shall only lie after the definitive judgment and together w
Art. 230Interlocutory decrees shall not operate as a res judicata in regard to the court by which they are delivered,
Art. 231(1) Where several issues in an action have been determined by separate judgments, appeal from any such judgmen
Art. 232It shall be lawful for the party in whose favour damages, interest, or fruits have been awarded, to proceed fo
Art. 233(1) Where an appellate court reverses a judgment and allows the claim for damages or interest or for the recov
Art. 234Subject to other particular provisions of this Code concerning pleas to the jurisdiction by reason of the subj
Art. 235Where a court of first insta nce omits to determine any of the claims brought forward, no appeal shall lie ab
Art. 236An appeal may be entered not only by the contending parties but also by any person interested. Judgment not to
Art. 237A judgment shall not operate to the prejudice of any person who neither personally nor through the person unde
Art. 238(1) The reversal or variation of a judgment shall operate in favour of the party at whose i nstance such rever
Art. 239(1) The judgments mentioned hereunder shall be operative with respect to third parties, only from the time whe
Art. 240(1) Any party may avail himself of an appeal entered from a judgment, including a partial judgment and from a
Art. 241The declaration referred to in the last preceding article shall continue to be operative even if the opposite
Art. 242( 1) When a cour t, by a judgment which has become res judicata , declares any instrument ha ving the force of
Art. 243(1) The court of first instance may, in urgent cases, upon a demand, even verbal, by any of the parties, immed
Art. 244(1) On appeal proceedings being taken, the record of the proceedings of the first court sh all be lodged befor
Art. 245In regard to appeals from judgm ents or decrees of the Civil Court, First Hall, and from deter minations by th
Art. 246Repealed by: XXIV .1995.124. Lodging of record in appeals from inferior court to Court of Appeal. Amended by:
Art. 247(1) In regard to appeals from judgments of the Court of Magistrates (Gozo) and from judgments of the Court of
Art. 248Repealed by: XXIV .1995.126. Security for cost: Amended by: IX.1886.41; XV .1913.75. Substituted by: XXIV .199
Art. 249Unless otherwise provided in any other law, in the case of a principal or incidental appeal from judgments or
Art. 250The security referred to in the last preceding article shall not be required in the cases referred to in artic
Art. 251Subject to the provisions o f article 143, the times prescribed in article 226 are peremptory. Title VII Amend
Art. 252Saving any other provision of the law in respect of warrants in factum , execution by any of the means mention
Art. 253The following are executive titles: (a) judgments and decrees of the courts of justice of Malta; (b) contracts
Art. 254Repealed by: XII.1985 .8. Judgments enforceable after twenty-four hours. Amended by: XXIV .1995.130; XXXI.2002
Art. 255The following may be enforced a f te r t he l a p s e o f tw e n ty - four hours from delivery: (a) any judgme
Art. 256(1) Any other definitive judgment which does not contain any suspensive condition, and which condemns a debtor
Art. 257The court may, on grounds of urgency, order the enforcement of any judgment even before the expiration of the
Art. 258Where - (a) a period of fifteen years has expired since the day on which according to law an ex ecutive title
Art. 259(1) The demand by application mentioned in the last preceding article shall in all cas es be necessary where i
Art. 260Saving the provisions of article 353, the enforcement of any of the executive titles referred to in article 25
Art. 261Any creditor of the same person under more than one executive title within the jurisdiction of the same court,
Art. 262The receipt of any payment on account of the debt, or the fulfilment of or the release from any part of the cl
Art. 263(1) It shall be lawful for th e creditor of a creditor, by sworn application, to enforce or prosecute the enfo
Art. 264(1) Save as otherwise provided in this Code, judgments are enforceable by the court by which they are delivere
Art. 265In cases of appeals, the judgement shall be enforceable by the court of first instance independently of whethe
Art. 266(1) Except in the cases mentioned in article 267, a judgment which does not constitute a res judicata shall no
Art. 267The following shall be in all cases provisionally enforceable: (a) any judgment referred to in article 255(c);
Art. 268The provisions of articles 255, 256 and 257 shall apply to any provisional enforcement. Appeal from judgment a
Art. 269An appeal from a judgment authorizing the enforcement of another judgment, shall in no case operate as a stay
Art. 270The Director of the Public Registry shall not receive any note of reference resulting from a judgment relating
Art. 271It shall be lawful for a litigant to sue out execution of such heads of a judgment as are in his favour, notwi
Art. 272In the absence of an express provision of law to the contrary, the court may, in the course of the execution o
Art. 273The executive titles menti oned in article 253 may, according to circumstances, be enforced by any of the foll
Art. 274(1) Any of the warrants or the order mentioned in the last preceding article is issued by the court on the dem
Art. 275(1) The court executing officer may, in connection with the execution of any warrant committed to him, after c
Art. 276No opposition to the execution of any warrant or garnishee order shall be considered until the execution has b
Art. 277(1) Saving the exceptions laid down in this Code, no warrant or garnishee order may be executed other than dur
Art. 278(1) The court executing officer shall deliver a copy of the warrant or order at the first av ailable opportuni
Art. 279T h e n u l l i t y o f a n y w a r r a n t o r o r d e r o r o f t h e e x e c u t i o n thereof shall entitl
Art. 280(1) Any notary before whom any deed under a judgment is received shall, within fifteen days, and on pain of a
Art. 281(1) Without prejudice to any other right under this or any other law, the person against whom an executive act
Art. 282The warrant for the seizure of movable property shall, besides the particulars stated i n article 274, contain
Art. 284(1) When a warrant of seizure is being executed, it is only the full amount claimed by the creditor that may b
Art. 285(1) Seizure may be effected on any movable property including: (a) shares in commercial partnerships; (b) lice
Art. 286(1) Such property as is removed from the possession of the debtor, in terms of article 282(1)(c) subject to th
Art. 287A consignee may not be appointed under this Title when he is either: (a) the execution creditor; (b) the spous
Art. 288At the time of execution of the warrant of seizure under article 282, the consignee shall attend together with
Art. 289(1) The consignee shall be responsible for the proper preservation of the property entrusted to him and he sha
Art. 290The consignee is bound to exercise for the safe keeping of the property seized, such car e as is exercised by
Art. 291The creditors of any pers on, whose property has been seized, may not, for any cause whatsoever, make any oppo
Art. 292(1) If, when executing a warrant of seizure, the court executing officer finds that anot her warrant has alrea
Art. 293(1) The property mentioned hereunder is not subject to seizure: (a) such clothes for daily wear, bedding and s
Art. 304AThe procedure for the sale of movable property shall follow the same procedure, mutatis mutandis , as that ref
Art. 305(1) The demand for the seizure of immovable property is made by an application. (2) The application shall cont
Art. 306(1) In the court decree ordering the issue of a warrant of seizure of immovable pro perty, the court shall: (a
Art. 307(1) Within twenty days from the time notice of the court decree is served on the debtor, he may file a separat
Art. 308(1) The expert shall always be appointed by the court ex officio, according to the panel established in articl
Art. 309In any appraisement of gold or silver articles, the expert shall state separately the intrinsic value thereof
Art. 310(1) In the valuation of immovable property, the experts shall include a description of the property stating th
Art. 311(1) The report containing the valuation or appraisement shall be filed by the expert within the time allowed i
Art. 312The movable or immovable property or the going concerns which are seized from the possession of the debtor, sh
Art. 312ASuch auctions shall be held whenever the need arises, there being a sufficient amount of property to be sold.
Art. 312B(1) The provisions of this Subtitle shall apply both to movable and immovable property and to going concerns.
Art. 312CThe demand for the seizure of a going concern shall be made by means of an application to be served on the deb
Art. 312DIn a decree upholding the demand for the issue of a warrant of seizure of a going concern, the court - (a) sha
Art. 312EFollowing the confirmation on oath of the appraisements and reports, the court shall wi thin one week appoint
Art. 312FWhere the court decides about the holding of a sale, it shall appoint a date, place and time for the sale of t
Art. 312GThe court shall appoint an administrator to carry on with the administration of the goi ng concern until it is
Art. 312HArticles 308 to 311 shall apply mutatis mutandis to this warrant. 102 CAP. 12.] CODE OF ORGANIZATION AND CIVIL
Art. 312I(1) Where the court decides that the going concern shall continue to be administered until payment of the amou
Art. 312J(1) Notwithstanding the provisions of article 312I, if during his appointment the administrator is of the opin
Art. 312KFor the purposes of this Title, the term ''going concern'' means any kind of commercial enterprise conducting
Art. 313(1) The Registrar shall publish regularly in two newspapers, one being in Maltese and the other in the English
Art. 314(1) Subject to the provisions of this article, the auction shall be held in public either - (a) in the buildin
Art. 315(1) Immovable property or rights annexed to such property, or movable property consisting of gold or silver ar
Art. 316In any appraisement of gold or silver articles, of pearls or precious stones or of other precious articles the
Art. 317The marshal shall cause the movable property to be removed to the place of sale whe re it shall be exposed to
Art. 318Subject to the provisions of article 305, movable property may be sold by auction in gross, or in separate lot
Art. 319(1) The auction shall be, save the exceptions mentioned in the preceding articles, conduc ted by a public auct
Art. 320The auctioneer shall cause that no bid shall be accepted if it is either made pro persona nominanda or by any
Art. 321Repealed by: XXIV .1995.157. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 105 Binding force of bids. Ame
Art. 323The Minister responsible for justice shall by regulations establish the duration of the auction. Adjudication
Art. 324Repealed by: XIV .2006.29. Appointment of another day for continuation of sale. Adjudication to be made on suc
Art. 325Repealed by: XIV .2006.29. Suspension of auction or adjudication. Amended by: XV .1913.85; IV .1984.4; XXIV .1
Art. 326(1) The auction or adjudication shall in all cases be suspended upon the demand of the debtor with the consent
Art. 327Repealed by: XIV .2006.31. Payment into court of purchase money. Amended by: XXIV .1995.163; XV .2006.32. LII.
Art. 328The purchaser shall pay the price into court within seven days from the date of the final adjudication, in the
Art. 329(1) In default of such payment into court, the purchaser shall, upon the demand by application of the party at
Art. 330The purchase money of movable property sold by auction may be deposited by the purchaser with the registrar, w
Art. 331(1) The delivery of immovable property or of rights annexed to such property, or of commercial going concerns,
Art. 332Saving the provisions of article 337(1) and (2), the purchaser is not bound to pay the money into court if he
Art. 333(1) Any person to whom a liquidated debt is owing under any judgement or executive title or deed or other obli
Art. 334Any bid animo compensandi is made on condition that the bidder shall bind himself to pay the price into court
Art. 335Any opposition to an application to bid animo compensandi may only be made after the sale. No opposition may b
Art. 336Repealed by: XIV .2006.39. Demand for approval of set-off. Payment into court of surplus of price, if any. Ame
Art. 337(1) A purchaser animo compensandi shall, within the times stated in article 328, demand by means of an applica
Art. 338(1) The aforementioned demand shall be published in the Government Gazette and served on the debtor and all kn
Art. 339When there are more than one creditor filing a demand for payment from the proceeds in such manner that a comp
Art. 340(1) If the set-off be not approved, the provisions of article 329(2) and (3) shall apply: Provided that whosoe
Art. 341If the proceeds of the sale by auction be not sufficient to meet the claims of the execution creditor and of t
Art. 342If after payment of the claims of the creditors and of the costs, there still remains a bala nce, the court sh
Art. 343If it appears during the sale that a sufficient sum to meet the debts and the costs of the auction has been ob
Art. 344The amount of the debt due to the execution creditor together with his taxed costs shall, upon his demand, be
Art. 345In the case of seizure of perishable merchandise or other articles which are in a state of progressive deterio
Art. 346(1) Any other creditor may by a note to be served on the execution creditor and the debtor join in t he auctio
Art. 347(1) The registrar shall draw up a procès-verbal , specifically stating therein the day and hour of the auction
Art. 348Repealed by: XIV .2006.47. 110 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Persons who may not bid in a
Art. 349It shall not be lawful for any judge, magistrate, registrar, court executing officer or licensed auctioneer or
Art. 350The debtor shall, upon an order of the registrar or court executing officer, be expelled from the place where
Art. 351(1) If the creditor leaves the auction suspended for more than one year, all the acts thereof shall become voi
Art. 352(1) Any disposal of immovable property or of rights annexed to such property made by the debtor within a year
Art. 353(1) If the debtor offers for auction movable property sufficient to meet the claim of the creditor without any
Art. 354(1) When the judgement the execution of which is sought is a judgement given by the Court of Magistrates (Malt
Art. 355( 1 ) T h e d e b t o r s h a l l h a v e t h e r i g h t t o r e p u r c h a s e h i s immovable property and
Art. 356(1) The time period contempl ated in article 2086 of the Civil Code , in respect of property adjudicated in a
Art. 357The adjudication of immovable property as of itself constitutes an executive title and if either the debtor ag
Art. 357ANo action to annul or rescind a judicial sale by auction of an immovable property shall be filed or acceded to
Art. 358Notwithstanding any other provision of this Code, the Court may, on the application of any creditor with an ex
Art. 359The applicant shall together with the application submit appraisements by two independent and reputable valuer
Art. 360No order shall be made by the Court before the application has been served on such persons as the Court, in th
Art. 361The Court shall appoint the application for hearing within ten days of its filing. Where Court accedes to appl
Art. 362If the Court accedes to the application and approves a private sale in accordance with t he provisions of this
Art. 363The person so appointed by the Court shall deposit the price in Court within seven days from the date of the c
Art. 364The sale of the ship or vessel or aircraft in accordance with the provisions of this Sub-title gives the purch
Art. 375Where a creditor under a judgment or any other executive title, in order to obtain the payment of a debt owing
Art. 376(1) The creditor shall, in the application for the issue of a garnishee order, correctly state the name and su
Art. 377(1) A garnishee order is executed by the delivery of a copy thereof, by the court executing officer, to the ga
Art. 378A garnishee who, although being in possession of moneys or other articles, belonging to the debtor, or which a
Art. 379(1) In the case of attachment of moneys, the garnishee may before lodging such moneys i n court retain the cos
Art. 380Deleted by XIV .2006.63. Property not subject to attachment. Amended by: XI.1859.22; XII.1924.4; XIII.1925.4;
Art. 381(1) It shall not be lawful to i ssue a garnishee order upon - (a) any salary, or wages (including bonus, allow
Art. 382(1) In the case of any salary or wage mentioned in article 381(1)(a), when the same exceed one thousand two hu
Art. 383A garnishee order may not be extended and shall remain in force up to such time as it is r evoked by a decree
Art. 384In the execution of any warran t of ejectment or expulsion of tenants or other occupants of immovable property
Art. 384A(1) In the execution of any warrant of ejectment or expulsion, on the demand of a lessor or a mortgagee, of th
Art. 385(1) In the execution of a warrant in factum, the court executing officer shall proceed in such manner as order
Art. 386A warrant in factum, if so required for the enforcement of any judgment and where an express order to that eff
Art. 387(1) No warrant in factum shall be executed unless the person demanding the issue of the warrant shall have fir
Art. 388(1) The execution of any warrant in factum shall not affect the right of action for damages and interest conse
Art. 388CAn executive warrant of arrest of sea vessels is effected by application in terms of articles 858 and 860. Cou
Art. 388D(1) The court shall, when a demand is made for the issue of an executive warrant of arrest , establish whether
Art. 388EAn executive warrant of arrest of aircraft is effected by application in terms of articles 865D and 865F. 120
Art. 388F(1) The court shall, when a demand is made for the issue of an executive warrant of arrest , establish whether
Art. 388G(1) Subject to the other provisions contained in Title VII of this Code, the court may on demand of the party,
Art. 389(1) Any person who is bound to render an account, shall, together with such account, produce all the documents
Art. 390(1) The account shall contain - (a) a clear statement of the matter of which an account is rendered; (b) the i
Art. 391(1) If the receipts exceed the expenditure, the court, on the application of the intereste d party, shall orde
Art. 392If the party to whom an account is rendered desires to impugn such account, he shall lodge his objection there
Art. 393(1) Such items as cannot be o r are not usually supported by vouchers may be allowed i f they appear to be tru
Art. 394(1) If the party bound to render an account fails to produce such account within the prescribed time, it shall
Art. 395The provisions of the preceding articles of this sub-title shall, so far as applicable, apply in cases of liqu
Art. 396In any action, it shall be lawful for the defendant to set up a counter-claim against the plaintiff, provided
Art. 397The effect of reconvention as regards procedure, is that the original and the counter-claim are dealt with in
Art. 398(1) The defendant who desires to set up a counter-claim shall set up his claim in the wri tten reply to the ap
Art. 400The defendant may not set up a counter-claim in a capacity other than that in which he has been sued, nor may
Art. 401If, in any case in which t h e d e f e n d a n t s e t s u p a counterclaim, the action of the plaintiff is in
Art. 402Where the defendant in an action brings another action in respect of a claim connected with that of the plaint
Art. 403Where any claim is vaunted in any judicial act, or otherwise in writing, the party wishing to be liberated fro
Art. 404(1) The time mentioned in the last preceding article shall not exceed three months. Suspension of time. (2) Su
Art. 405The court shall not allow the demand referred to in article 403 if the jactitation is in respect of an uncerta
Art. 406Any jactitator to whom a tim e has been fixed within which to bring his claim for trial, shall institute proce
Art. 407Where the jactitator, on appearing before the court, declares, by means of a note, that he has no claim agains
Art. 408Where the fact of the jactitation is proved and no declaration as provided in the l ast preceding article is m
Art. 410If the jactitator shall fail to bring his claim for trial within the time fixed, the court shall dispose of th
Art. 411The perpetual silence enjoined as provided in the last preceding article shall be deemed to be restricted to t
Art. 412If the jactitator shows that he has, within the time fixed, brought his claim for trial, the court shall absta
Art. 413Where in the action instituted by the jactitator the court shall give judgment of non-suit against the jactita
Art. 414If, within the time renewed as provided in the last preceding article, the jactitator fails to institute fresh
Art. 415A jactitation suit may not be instituted against any absent person nor may any such suit be instituted or pros
Art. 416(1) If, in the superior courts or in the Court of Magistrates (Gozo) in its superior jurisdiction, there shall
Art. 418Any person desiring to compete on the money deposited in c ou r t sh al l, w it h in th e pre scr ib e d ti m
Art. 419(1) The application shall be served on the debtor and on the person making the deposit, but no answer to such
Art. 420(1) Upon the expiration of the time referred to in article 416, the written pleadings shall be deemed to be cl
Art. 421Where the court, for a further and better statement of the claims, in view of the intricacy of the issues invo
Art. 422During the compilation of the competition proceedings, no money forming the subject-matter of such proceedings
Art. 423Saving the provisions of articles 424, 425 and 427, if the competition refers to money deposited in court subj
Art. 424Where the payment out is demanded by a government departm ent, or any administration thereof, or by any pious
Art. 425The following persons are exempt from giving surety notwithstanding that such surety be required by the person
Art. 426The obligation of the surety referred to in article 423 shall remain in force - (a) if the money deposited in
Art. 427The condition of the production of a surety referred to in article 423, shall not be operative - (a) if the mo
Art. 428(1) In case of competing claims respecting any primogeniture, majorat, entail , succession or benefice, any pe
Art. 429It shall be lawful for each of the parties on whom any such application shall have been serve d to file an ans
Art. 430The written pleading referred to in the last preceding article shall be served on all the parties who shall ha
Art. 431(1) In the cases referred to in article 428, the pleadings shall be deemed to be closed - (a) on the filing of
Art. 432There shall be no reply to the answer and respective application but it shall be lawful for the parties served
Art. 433Any other party claiming to have a right to the primogeniture, majorat, entail, succession, or benefice under
Art. 434Should a further and better statement of the claims prove to be necessary, it shall be lawful for the court to
Art. 435Non-appearance, except in the case of a person served with a judicial notice, shall not debar any claimant who
Art. 436If a person dies without leaving any known heir present in Malta, the State Advocate shall take possession of
Art. 437The Civil Court, First Hall, or the Court of Magistrates (Gozo) in its superior jurisdict ion, as the case may
Art. 438Any person claiming to have an interest in the estate, either in his own name or on behalf of any other person
Art. 439I n v i r t u e o f t h e s a i d w a r r a n t a l l m o v a b l e p r o p e r t y belonging to the deceased
Art. 440(1) The State Advocate may, by an application, demand that such property as he may think perishable or liable
Art. 441The State Advocate shall be the lawful representative of the inheritance whether as plaintiff or defendant. Es
Art. 442It shall not be lawful to dispose of the hereditary estate or any part thereof without an order of the court.
Art. 443(1) The S tate Advocate vested with the possession of the hereditary estate shall, by mean s of a notice in th
Art. 444(1) The following persons are exempted from giving the security referred to in th e last preceding article: (a
Art. 445(1) Where the hereditary estate is of very small value, it shall be lawful for the court, in the absence of an
Art. 446In the case referred to in the last preceding article, the delivery of the estate to a creditor in full or par
Art. 447The State Advocate may, at the expiration of one year from th e day on which he was vested wit h the p ossessi
Art. 448Saving the provisions of Title I of Part II of Book Second of this Code, the demand for a disentail, in the ca
Art. 449The application shall state the nature of the entail to which the immovable property is subject, as well as th
Art. 450The application shall be accompanied by documents in support of its contents an d by security for costs. CODE
Art. 451Where any such application is made, the court shall, upon a separate demand by the applicant, or upon the dema
Art. 452The registrar shall simultaneously with the issue of banns cause a notice to be published in one or more perio
Art. 453Moreover, the application shall be expressly served on the curator or curators appointed as aforesaid and on t
Art. 454After the application has been duly served, the curator or curators and the other parties on whom the applicat
Art. 456The written pleadings shall be deemed to be closed on the expiration of the time referred to in article 452, a
Art. 457The court shall not appoint a day for the hearing of the application before the time fixed in the notice refer
Art. 458The judgment ordering the disentail shall, as soon as it becomes a res judicata , have the effect of freeing t
Art. 459(1) It shall be lawful for the court, at any time before the alienation of such property, upon the demand of a
Art. 460(1) Subject to the provisions of sub-article (2), no judicial act commencing any proceedings m ay be filed, an
Art. 461For the recovery of any fine (multa) recoverable by civil process, the State Advocate shall proceed in the Civ
Art. 462In the case of seizure of goods subject to forfeiture by civil process according to law, the State Advocate sh
Art. 463The application referred to in the last preceding article shall be directed against the person in whose posses
Art. 464(1) Where the goods were not in the possession of any person, the application shall be directed against the ad
Art. 465It shall be lawful for any person interested, although not summoned, to appear at the trial of the action, and
Art. 466(1) Where the head of a government department or the person vested with the legal representation of a body cor
Art. 467(1) Any executive title obtained according to the provisions of the last preceding article in the absence of a
Art. 468Repealed by XVII.2017.84. Procedure subsequent to a request made under article 468. Added by: XXVI.2015 3. Rep
Art. 468BThe Minister may make regulations and prescribe schemes which promote mediation and out of court settlement sc
Art. 469Any taxed fees due to the law officers of the Government of Malta shall be paid into the Consolidated Fund. Ad
Art. 469A(1) Saving as is otherwise provided by law, the courts of justice of civil jurisdiction may enquire into the v
Art. 469B(1) Where the Attorney G eneral takes a decision: (a) not to prosecute in accordance with the powers conferred
Art. 470(1) Saving the provisions of article 489 of this Code and of article 37 of the Civil Code , any demand for any
Art. 471Upon any such application the judge shall obtain the necessary information, and for such purpose he shall orde
Art. 472If the matter refers to any waiver, compromise or security, or to an authorization to begin a suit, it shall b
Art. 473It shall be lawful for the court to order any person to appear on a given day, at a stated time, to be examine
Art. 474It shall also be lawful for the court to appoint one or more persons to collect the necessary information on t
Art. 475It shall be lawful for any person spontaneously to appear to give to the court th e said information. Act to b
Art. 476Any act done in pursuance of a n authorization granted by the court shall be within the te rms of the decree;
Art. 477An act done in pursuance of a decree of the said court shall not be valid as regards such parts thereof as req
Art. 478(1) Where at the execution of a ny act, the presence of the judge of the said court is required by law, he sha
Art. 480Repealed by: XXXI.2002 .152. Mode of service. Added by: XV .1983.5. Substituted by: XIII.1985.7.
Art. 481ARepealed by: XXXI.2002 .152. Examination of applications with closed doors. Substituted by: XXI.1962.20.
Art. 482(1) The court may, and in the case of adoption proceedings shall, proceed with c losed doors in examining and
Art. 483If it shall appear from the c ontents of the application, or from the examination, or from the information obt
Art. 484If the party so served shall fail to file an answer within the prescribed time, the court shall dispose of the
Art. 485If any person enters an opposition to the demand, the court shall examine the grounds of opposition, and shall
Art. 486(1) Every application and ev ery decree shall be kept in the Registry. Decree authorizing deed to state name o
Art. 487The judge who shall have granted or refused the leave or authorization applied for, or who shall have otherwis
Art. 488(1) In regard to any act ex ecuted by leave or with the authorization of the court, it shall not be lawful to
Art. 489The provisions of this Part of this Code relating to the V oluntary Jurisdiction section of the Civil Court, a
Art. 490Notwithstanding any other provision of this Code relating to disentail, any person in possession of property s
Art. 491Where any of the persons whose consent is required as provided in the last preceding ar ticle, is a minor or i
Art. 492Where the fruits of all the property possessed by the applicant under the entail to which the application refe
Art. 493Where the fruits of any tenement possessed by the applicant under the entail, whether dividual or individual,
Art. 494(1) A decree ordering a disen tail shall free the property from any other anterior dividual entail to which th
Art. 495(1) The provisions of the foregoing articles shall also apply where the demand contained in the application is
Art. 496It shall also be lawful for the said court to grant to any person in possession of property of any value whats
Art. 497(1) It shall also be lawful for t he said court to grant to any person in possession of property of any value
Art. 498Where any person whose con s e n t i s r e q u i r e d u n d e r t h e provisions of the foregoing articles fa
Art. 499The liberation of any immovable property from any entail, hypothec, easement or other burden whatsoever, may b
Art. 500(1) The demand for the issue of edicts shall be made by an application. Contents of application. (2) The appli
Art. 501(1) The court shall issue two edicts with an interval of at least fifteen days be tween the first and the seco
Art. 502(1) The registrar shall, within fifteen days from the issue of the second edict, cause a notice, signed by him
Art. 503(1) If the applicant does not reside in Malta, the said notice shall be posted up in the place in Malta wherei
Art. 504(1) The court shall appoint curators to represent any interested parties who are absent or minors or pupils ha
Art. 505The curators so appointed shall make a written report to the court, stating therein the inquiries made by them
Art. 506The application, the certificate of the Public Registry, the list as verified on oath, the two edicts together
Art. 508(1) Any hypothec remaining in force as provided in the last preceding article shall subsist only for a period
Art. 509Where the demand for the i ssue of edicts is made in consequence of a bid made in a j udicial sale by auction
Art. 510The curators appointed by the court under the provisions of article 504, shall use all due d iligence to ascer
Art. 511If the publication of the history of the title to the property as provided in the last preceding article, take
Art. 512Any person may apply to the Court of voluntary jurisdiction, for the appointment of a tutor or curator to a mi
Art. 513Upon the application of tutors, curators or other administrators for the examination and approval of their acc
Art. 514Where it shall be necessary to fix a maintenance allowance, it shall be lawful for the court to appoint a prac
Art. 515It shall be lawful for the court, on good cause being shown, to exempt any tutor, curator, or other administra
Art. 516It shall likewise be lawful for the court, of its own motion or upon the demand of any person, to suspend from
Art. 517The suspension shall continue until it is revoked by the court which issued the relativ e order, or until , up
Art. 518Applications for the substitution of any executor, administrator, procurator, or counsellor, for that appointe
Art. 519(1) Where no positive refusal or incapacity to perform the duties referred to in the last preceding article is
Art. 519A(1) There shall be a Guardianship Board (hereinafter in this Title referred to as the ‘Board’) which shall be
Art. 519B(1) The Board, in the exercise of its functions, shall act within a reasonable time and shall observe the rule
Art. 519C(1) The Board may appoint any person with appropriate expertise to assist it in the course of a ny proceedings
Art. 519D(1) A demand for the appointment of a guardian shall be made by application to the Guardianship Board in accor
Art. 519E(1) The Guardianship Board shall cause the person in respect of whom guardianship is demanded to appear before
Art. 519F(1) If the Guardianship Board finds that there is just cause for the appointment of a guardian it shall procee
Art. 519G(1) The Board may appoint as a guardian any person who has attained the age of 18 years, is ordinarily residen
Art. 519GA(1) The Minister responsible for the Rights of Persons with Disability shall appoint a pool of support persons
Art. 519H(1) A guardian who is authorised in a Guardianship Order to administer monies or other property of a person su
Art. 519I(1) A guardian may request the advice of the Board regarding any matter relating to the Guardianship Order or
Art. 519J(1) Any person mentioned in article 188A(3) of the Civil Code may, by application, request the Board to revoke
Art. 519K(1) If the Board receives info rmation that a person with disability or other condition is suffering serious d
Art. 519L(1) Any person who feels aggrieved by a decision of the Board may by application appeal therefrom to the Court
Art. 519M(1) Any person mentioned in article 189(3) of the Civil Code or in article 521 of this Code may request the Co
Art. 519NThe Minister responsible for Justice, in conjunction with the Minister responsible for the rights of persons w
Art. 520(1) A demand for the interdiction or incapacitation of persons who have a mental disorder or other condition,
Art. 521Interdiction or incapacitation may be demanded - (a) by any one of the spouses against the other spouse; (b) b
Art. 522It shall be lawful for the court to cause the person whose interdiction or incapacitation is demanded to appea
Art. 523(1) If the court finds that there is just cause for the interdiction, it shall appoint a curator to administer
Art. 524(1) If no sufficient cause for the interdiction is made to appear, it shall be lawful for the court by a decre
Art. 525(1) Interdiction or incapacita tion shall take effect from the day of the relative decree; a nd any act perfor
Art. 526Interdiction or incapacitation shall be revoked, when the cause of the interdiction or in capacitation shall c
Art. 527(1) The court shall, in the decree of interdiction or incapacitation, direct that a notice thereof, specifying
Art. 528The registrar shall, in the presence of the judge, receive any secret will present ed to him by any testator o
Art. 529The registrar shall, either on the paper on which the will is written, or on the paper used as an envelope for
Art. 530(1) The note of such particulars shall be signed by the registrar, and countersigned by the testator or notary
Art. 531(1) The judge shall not allow t he registrar to receive from any notary any secret will, unless it is endorsed
Art. 532(1) A secret will may not be withdrawn before the time comes for its opening, except by the testator himself o
Art. 533(1) Where a will is to be opened, the court shall by a decree, upon the application of any party interested, a
Art. 534(1) The will shall be opened by the registrar in the presence of the judge, at the time and place appointed by
Art. 535(1) When the will is published as provided in the last preceding article, it shall be del ivered to the notary
Art. 535A(1) Where any secret wills have been received by the Registrar in accordance with the p rovisions of this Titl
Art. 536In the absence of opposition, the declaration of the opening of a succession may be made by t he Court of volu
Art. 537(1) Upon the filing of the application, the court shall issue banns which shall be published in the Gazette an
Art. 538At the expiration of the said time, the court, in the absence of opposition, shall examine the claim of the ap
Art. 539Pending the application and until the expiration of the said time, it shall be lawful for the court to make an
Art. 540The declaration of the opening of a succession in favour of any person in virtue of a dec ree of the Court of
Art. 541The declaration by any person that he accepts an inheritance, whether testamentary or ab intestato , with the
Art. 542(1) Upon the filing of such note, the person desiring to make up the inventory shall swear, before the registr
Art. 543(1) The inventory shall contain a description of all the estate, specifying in detail all wearing apparel and
Art. 544Upon the application of the person making the inventory, the court shall, by a decree, fix the place, day and
Art. 545The court shall, in the said decree, direct that all parties interested be summoned to be present, if they so
Art. 546(1) The parties interested shall be summoned: those known, by application, and those unknown or uncertain, by
Art. 547(1) The publication of inventory shall take place on the date and at the place and time established by the cou
Art. 548The default of compliance with the provisions of the preceding articles of this Title, with intent to cause pr
Art. 549The provisions of articles 542 to 547 inclusive shall apply to every inventory which, accord ing to law, is to
Art. 550(1) Emancipation is effected by virtue of the decree by which it is granted. (2) Nevertheless, if the court in
Art. 551Any agreement the validity of which is dependent upon the authorization or leave gran ted by the court, shall
Art. 552The decree of the court shall not make valid any obligation assumed by any minor in any contract in which othe
Art. 553Any decree granting authorization or leave to enter into any agreement or to make any w aiver shall cease to b
Art. 554The registrar shall cause every obligation with hypothecation of property entered in the acts of the court to
Art. 555The provisions of article 283 shall apply in the case of notarial deeds executed in pursu ance of decrees o f
Art. 556(1) Upon the demand of any party interested, the registrar shall tax the fees due to advocates, notaries publi
Art. 557The provisions of the last preceding article shall not dispense the registrar from taxing the fees due to advo
Art. 558All evidence must be relevant to the matter in issue between the parties. Best evidence to be produced.
Art. 559In all cases the court shall require the best evidence that the party may be able to produce. Rejection of irr
Art. 560(1) The court shall disallow any evidence which it considers to be irrelevant or superfluous, or which it does
Art. 561It shall be lawful for the court to require the party tendering evidence to state the object of the evidence.
Art. 562Saving any other provision of the law, the burden of proving a fact shall, in all cas es, rest on the party al
Art. 563All persons of sound mind, unless there are objections against their compet ency, shall be admissible as witne
Art. 563A(1) Where a person is called as a witness, his opinion on any relevant matter on which he is qualified to give
Art. 563B(1) A person who is suitably qualified on account of his knowledge or experience, is competent to give expert
Art. 564Whatever may be the age of a witness whom it is intended to produce, he is admissible as such, provided he und
Art. 565(1) Any of the parties to a suit, whatever his interest therein, shall be competent to give evidence, either a
Art. 566(1) The spouse, civil union partner or cohabitant of a party to a suit shall be competent and compellable to g
Art. 567No objection to the competency of any witness shall be admitted on the ground that he is interested in the iss
Art. 568(1) Witnesses shall be summoned to appear by means of a subpoena to be issued on the application of the party
Art. 569(1) The subpoena shall contain an order to appear at a stated place and time, for the purpose of giving eviden
Art. 570The writ may require the witness to produce any book, document, or other thing, which belongs to the contendin
Art. 571In the Court of Magistrates ( Malta) , and in the Cour t of Magistrates (Gozo) in its inferior jurisdiction, t
Art. 572A witness is bound to appear in court on the date and time prescribed in the subpoena provi ded that he is ser
Art. 573No witness residing in Malta is bound to attend to give evidence in Gozo, or vice versa, unless the advocate o
Art. 573AAny officer or employee of a government department or any officer or other employee of any body having a disti
Art. 574Any person being present in the court may, upon the oral demand of either of the contending parties, be called
Art. 575If any witness duly summoned fails to appear when called on, he shall be guilty of contempt of court and shall
Art. 576In the case referred to in the last preceding article, it shall be lawful for the court, on good cause being s
Art. 577(1) Save as otherwise provided in this Code, the witnesses shall be examined in open court at the trial of the
Art. 578Leading or suggestive questions may not, without special permission of the court, be pu t on an examination-in
Art. 579The opposite party has the right to cross-examine a witness; and in such cross-examination leading or suggesti
Art. 580(1) In cross-examination, a witness may only be questioned on the facts deposed in his examination, or on matt
Art. 581When both the examination and cross-examination are concluded, no further questions may be put by either of th
Art. 583A witness may refresh his memory by referring to any writing made by himself or by another person under his di
Art. 584A party producing a witness shall not be allowed to impeach the credit of the witness by evidence of bad chara
Art. 585A witness may be impeached by the party against whom he is called by contradictory evidence, or by evidence th
Art. 586(1) Before impeaching the credit of a witness by evidence that he has made at other times statements inconsist
Art. 587The witness shall answer any question which the court may allow to be put to him; and the court can compel him
Art. 588(1) No advocate or legal procurator without the consent of the client, and no clergyman without the consent of
Art. 589A witness cannot be compelled to answer any question the answer to which may subject h im to a crimin al prose
Art. 590(1) It shall be in the discretion of the court to determine, in each particular case, when a witness is not bo
Art. 591In general, no person who has been present during the trial of a cause may be produced as a witness in the sam
Art. 592(1) Each witness shall be examined separately. It shall, however, be lawful for the court to allow two or more
Art. 593(1) If a witness is deaf and dumb but able to write, the questions shall be put to him in writing; and in such
Art. 594(1) The substance of the answers given by the witnesses shall be taken down. Every ans wer which may have a ma
Art. 595(1) Notwithstanding the provi sions of the last preceding article, the court may, at the request of both parti
Art. 596(1) If the court does not understand the language in which the evidence is given, it shall appoint a qualified
Art. 597The examination or cross-examination of any witness shall not be interrupted, without leave of the court. Hear
Art. 598(1) As a rule, the court shall not consider any testimony respecting facts the knowledge of which the witness
Art. 599The court may, according to circumstances, allow and take into consideration any testimony on the relation of
Art. 600It shall be lawful to produce any declaration made in writing in any place before a magistrate or other person
Art. 601(1) Where it appears to the court that a witness has become guilty of false testimony, it shall order that he
Art. 602(1) If the witness or interpr eter, at any time before the hearing of the cause is conclude d, wishes to make
Art. 603In order to prove the identity of any person or object it shall not be necessary that the wi tness should poin
Art. 604No witness may leave the court until he is dismissed by the court. Communication between witnesses.
Art. 605It shall be lawful for the court, either of its own motion or upon the demand of the parties, to prevent any w
Art. 606(1) Where any person whose evidence is required in a cause which is pending, is about to leave Malta, or is so
Art. 607The judicial assistant shall record any objection raised by the contending parties against the competency or c
Art. 608An examination under the provisions of article 606 may be ordered at any stage of the proceedings. Signing and
Art. 609Any deposition taken in the manner provided in articles 606 and 607 shall also be signed by the judicial assis
Art. 610(1) The provisions of article 606 shall, independently of the reasons mentioned in that ar ticle, apply also i
Art. 611(1) Where the evidence of any person as provided in article 606 is required before th e Court of Magistrates (
Art. 612(1) The provisions of article 606 shall also apply in the case where, for the reasons set out in that article,
Art. 613Where it is made to appear to the satisfaction of any of the superior courts, or of the Court of Magistrates (
Art. 614(1) The demand for any such examination shall be by application if made at any time before the hearing of the
Art. 615The party demanding the examination shall affirm upon oath that he knows, or, that he possesses information wh
Art. 616If the demand referred to in article 614 is allowed, the opposite party shall have the right to appoint a pers
Art. 617A copy of the interrogatories reduced into writing shall be served on the opposite party or on his advocate. D
Art. 618On the expiration of the time referred to in article 616, the registrar, upon a decree to be made by the court
Art. 619The letter of request referred to in the last preceding article, together with the acc ompanying documents, sh
Art. 620It shall be the duty of the party demanding the examination to solicit the authority or person requested to ta
Art. 621Before the authority or person requested to take the examination, the questions shall be put according to the
Art. 622(1) The agents of the contending parties duly informed by the authority or person requeste d to take the exami
Art. 622A(1) Notwithstanding the provis ions of articles 613 to 622, where the evidence of a witness residing outside M
Art. 622B(1) Without prejudice to the provisions of article 622A, the court may, if it deems it proper so to act, allow
Art. 623When the court shall have received the examination, or if the authority or person requested to take the examin
Art. 624(1) The examination taken in accordance with the provisions of articles 613 to 620 inclusive, may be produced
Art. 625(1) The depositions of witnesses taken in the manner provided in articles 606, and 613 to 624, shall be read a
Art. 626(1) It shall be lawful for the court, in making an order of reference, to empower the referee to examine witne
Art. 627The following documents shall be admissible in evidence without the necessity of any proof of their authentici
Art. 628The acts of any foreign Government, or of any department of a foreign Government, or of foreign courts of just
Art. 629The following documents are admissible and shall, until the contrary is proved, be evid ence of their contents
Art. 630The acts and registers of notaries public of other countries, authenticated in the manner provided in article
Art. 631The books of traders and ships’ books shall constitute evidence against the traders themselves or the masters
Art. 632(1) Any declaration made by a party against his interest, or any other writing containing any admission, agree
Art. 633Any act which, by reason of the incompetence or incapacity of the officer by whom it was drawn up, compiled, o
Art. 634(1) A person against whom any paper apparently signed by him is produced, is bound to declare positively wheth
Art. 635Where it shall be necessary to ascertain the handwriting of any person by whom a document ha s been written or
Art. 637(1) It shall be lawful to demand the production of documents which are in the possession of other persons - (a
Art. 638(1) Any person whose affairs are administered by another person, shall be deemed to be the owner of the books
Art. 639The demand for the production of documents shall state the nature of the documents, and all the particulars wh
Art. 640Where the demand for the production of documents is made by one contending party agai nst another, it shall be
Art. 641In all cases, the party demanding the production of the document must prove that the document is in the posses
Art. 642The production of documents may be demanded at any stage of the cause, so long as evidence may still be adduce
Art. 643It shall be lawful for the cour t to consider the contents of a document to be as averred by the party demandi
Art. 644The proof by means of a referee or referees is ordered on the demand of the parties or one of them, or by the
Art. 645(1) The court shall not appoi n t a r e f e r e e s o l e l y f o r t h e purpose of examining witnesses on oa
Art. 646(1) Where the parties agree on the submission of a name of a referee, the court shall appoint the referee agre
Art. 647(1) No person may be appointed as a referee in any cause or matter if such person has already two references u
Art. 648A referee may be challenged by any of the parties on good cause being shown to the court. Good cause for chall
Art. 650Repealed by: XXIV .1995.246. Power of court. 651. Repealed by: XXIV .1995.246. Challenge of referee named by c
Art. 652Repealed by: XXIV .1995.246. Time for challenging referee for good cause. Amended by: XXIV .1995.247.
Art. 653A referee may be challenged for good cause at any time until he has filed his report, provided the party makin
Art. 654Challenges for any cause existing and known at the time of the appointment of the referee shall be made orally
Art. 655(1) Upon any such application, the court shall make an order suspending the proceedings before the referee and
Art. 656The decree making the order of reference shall be served by order of the cour t on the referee. Declination of
Art. 657(1) Any referee who declines the appointment shall give notice in writing of his refusal to the registrar, wit
Art. 658If the referee appointed by the court is a person duly authorized by the Government to act as an expert, or to
Art. 659Any referee who, after hav ing accepted the appointment, shall, without reasonable excuse, fail to attend on t
Art. 660The parties or their advocates o r legal procurators, as the case may be, may, in the course of the proceedin
Art. 661If for the carrying out of the reference one sitting is not sufficient, the referee may hold other sittings on
Art. 662If the referee is for any just cause unable to carry out the reference within the appointed time, he may, befo
Art. 663If any referee shall, without reasonable excuse, delay the report or refuse to file the report within the pres
Art. 664(1) The court shall issue writs of subpoena to witnesses to appear before the referee, and i f any such witnes
Art. 665(1) The report of the referee shall state the inquiries made and his findings together with the grounds of suc
Art. 666(1) Before the day appointed for the publication of the report, or on the same day, but b efore the cause is c
Art. 667(1) Any referee or party may appeal from a taxation made under the last preceding article to the court by whic
Art. 668(1) The decree ordering the ref erence shall state the party by whom the fee of the referee s hall provisional
Art. 669The court may in the decree a ppointing the referee or at any time before the referee presen ts his report to
Art. 670The court may decide the cause without the reference or independently of the evidence pr oduced before the ref
Art. 671(1) Where one of the parties to an action has been admitted to sue or to defend with the benefit of legal aid,
Art. 672(1) On the day appointed for the publication of the report, the referee shall attend before the court for the
Art. 673The court shall allow the parties time to consider the report and to make their submissions thereon. Additiona
Art. 674(1) It shall be lawful for the court, on the demand of any of the parties, to proceed to the appointment of ad
Art. 675Where the subject-matter of t he reference is a valuation or an assessment, it shall be lawfu l for the court,
Art. 676Repealed by: XXIV .1995.261. Time for making demand for additional referees. Amended by: XXXI.1934.61. Substit
Art. 677(1) The demand for the appointment of additional referees shall be made by means of a note to be filed within
Art. 678(1) The additional referees, whatever their number, shall be appointed by the court, unless the parties agree
Art. 679Where authority has been grant ed to the referees to receive documents or to examine witnesses, no further doc
Art. 680(1) The referees may be exam ined and cross-examined on their report in the sa me manner as witnesses. (2) The
Art. 681The court is not bound to adopt the report of the referees against its own conviction. When reference is permi
Art. 682In an appellate court, no reference may be ordered, except in the following cases: (a) where there was no refe
Art. 683It shall he lawful for the court, on the demand of the parties or of its own motion, to order an inspection of
Art. 685The decree shall be communicated to the parties and to the referee or referees in the manner provided in and f
Art. 686Where an inspection outside the jurisdiction of the court is necessary, the court may in the decree delegate a
Art. 688(1) On the day and at the time appointed, the court shall repair to the place of inspection. Attendance of par
Art. 689A record of the inspection shall he kept by the registrar in the form of a procès-verbal. Directions to refere
Art. 690The court shall, whensoever it may deem it necessary, order the referee or referees to draw up plans and to st
Art. 691It shall be lawful for the court either to examine the witnesses at the place of inspection, or to reserve exa
Art. 692As regards the payment or deposit of the expenses of the inspection, the provisions respecting proof by refere
Art. 693Any admission of a fact whether written or verbal, made in or out of court, may be received in evidence agains
Art. 694(1) An extrajudicial admis sion is no evidence except against the party who made it. CODE OF ORGANIZATION AND
Art. 695(1) Any declaration or statement made, whether viva voce or in writing, by any advocate or legal procurator, c
Art. 696(1) In the superior courts and in the Court of Magistrates (Gozo) in its superior jurisdiction, a plaintiff wh
Art. 697The provisions of sub-article (1) of the last preceding article shall apply in the case where the defendant re
Art. 698(1) If the party, to whose oath reference is required, fails to appear on the day appointed for the trial, the
Art. 699(1) In all courts of civil juri sdiction, the questions shall be made in writing. 192 CAP. 12.] CODE OF ORGANI
Art. 700(1) The questions shall be clear, concise and numbered, and signed by the advocate or legal procurator, as the
Art. 701Repealed by: XXIV .1995.270. Demand for reference to oath in inferior courts. Amended by: XV .1913.135; XXIII.
Art. 702(1) In the Court of Magistrates (Malta) and in the Court of Magistrates (Gozo) in its inferior jurisdiction, t
Art. 703The party to whose oath reference is made shall answer in terms of the questions. Taking of answers to questio
Art. 704(1) The provisions of article 2( e) of the Judicial Proceedings (Use of English Language) Act , shall mutatis
Art. 706(1) Where the party to whose oath reference is required is lawfully prevented from appearing in court, it shal
Art. 707(1) Where, in the same cause, reference is required to the oath of other parties in respect of whom there is n
Art. 708In the cases referred to in th e last two preceding articles, i f the cause is pending before the C ourt of Ma
Art. 709In the cases referred to in articles 706 and 707, if the cause is pending in Malta and the party to whose oath
Art. 711It shall not be lawful to make reference to the oath of any party who is absent from Malta. Deputing judicial
Art. 712(1) Where any party to a cause pending in any of the superior courts, or in the Court of Magistrates (Gozo) in
Art. 713Reference to the oath of the other party shall be competent in all cases, whether before or after the producti
Art. 714It shall not be lawful to refuse evidence by reference to the oath of the other party, even though no other ev
Art. 715(1) A reference to oath may be made in regard to the whole matter in issue, or to any part thereof, as well as
Art. 716(1) The party to whose oath reference is made may defer back the questions or any part t hereof to the party r
Art. 717(1) Where the party to whose oath a reference is made, refuses to answer the questions or, in the cases provid
Art. 718The party referring or deferring may not retract the questions, if the adversary declar es that he is prepared
Art. 719The party to whose oath a reference is made shall, if present at the hearing of the cause, forthwith declare w
Art. 721The suppletory oath may be administered either during the hearing of the cause, or after the judgment if expre
Art. 722The judgment ordering the suppletory oath shall fix the time within which such oath is to be taken. Oath in li
Art. 724The party applying to be admitted to the oath in litem , shall produce a list showing distinctly the sums or t
Art. 726The provisions of article 606(3), (4) and (5) may also be applied in the case of any of the oaths referred to
Art. 727Saving the provisions of articles 706, 707 and 708 and of the last preceding article, the oaths referred to in
Art. 728(1) Subject to the provisions of article 731 in actions instituted by sworn application, all pleas whether dil
Art. 729If the court deems it expedien t, before proceeding further, to deal with the dilatory plea, the court may hea
Art. 730Any plea to the jurisdiction of the court or to the capacity of the parties, and any plea of compromise, arbit
Art. 731The provisions of article 728 shall not apply to such pleas as by an express provision of this Code may be rai
Art. 732(1) Saving always the provisions of this Code respecting the production of evidence, perem ptory pleas may be
Art. 732ASaving the provisions of any other law, in those instances where the law allows the court to raise ex officio
Art. 733The judges may not be challe nged, nor may they abstain from sitting in any cause brought before the court in
Art. 734(1) A judge may be challenged or abstain from sitting in a cause - (a) if he is related by consanguinity or af
Art. 735(1) Any judge being aware of the existence in his respect of any of the grounds of challenge mentioned in the
Art. 736The existence of any of the grounds of challenge mentioned in article 734 shall not preclude the judge from si
Art. 737Any objection to a judge shall be raised by the parties in open court, and the reasons thereo f shall be alleg
Art. 738(1) Where the court consists only of one judge and such judge is objected to, he himself shall decide on the a
Art. 739The challenge of a judge shall not be admissible where the party raising the objection, if the plaintiff, has
Art. 740T h e p r o v i s i o n s o f t h i s s u b - t i t l e s h a l l b e a p p l i c a b l e t o magistrates of t
Art. 741It shall be lawful to plead to the jurisdiction of the court - (a) when the action is not one within the juris
Art. 742(1) Save as otherwise expressl y provided by law, the civil courts of Malta shall have juris diction to try an
Art. 742ANo civil proceedings whatsoever shall be taken against the President of Malta in respect of acts done in the e
Art. 742BSave as otherwise expressly provided by law, the civil courts of Malta shall have jurisdiction in rem against
Art. 742CIn the cases mentioned in article 742B(a) to (c), an action in rem may be brought before the civil courts of M
Art. 742DSave for those claims which a ttract a special privilege in accordance with article 50 of the Merchant Shippin
Art. 742E(1) Save as otherwise provided by law, the civil courts of Malta shall have jurisdiction in rem against aircra
Art. 742F(1) An action in rem may be brought against the relevant aircraft before the civil courts of Malta on a claim
Art. 742GSave as otherwise provided by law, the civil courts of Malta shall have jurisdiction in rem over aircraft engi
Art. 742H(1) An action in rem may be brought against the relevant aircraft engine before the civil courts of Malta on a
Art. 743(1) The party against whom the defendant in an action brought by such party sets up a counter-claim shall also
Art. 744The provisions of the last preceding article shall apply also in the case where the counter-claim may not, for
Art. 745In regard to the jurisdiction as between the several courts of Malta, by reason of the presum ed residence of
Art. 746Where the plea to the jurisdi ction of a particular court depends on the value of the thing in issue, the rule
Art. 747(1) An uncertain or indetermin ate value shall always be deemed to be outside the jurisdiction of a court of l
Art. 748The value of the thing in issue is determined by the demand- (a) when the demand is for the payment of a fixed
Art. 749(1) Where the value of any immovable property is not determined in the manner stated in the last preceding art
Art. 750The value of a right to ground-rents, annuities, or other yearly payments for a determinate period, is determi
Art. 751If the right mentioned in the last preceding article is for the lifetime of any person, or for an indeterminat
Art. 752In actions for maintenance the value of the claim shall be the equivalent to the amount of maintenance claimed
Art. 753(1) In actions touching the performance of an obligation the amount whereof is to be paid by instalments, the
Art. 754The rule laid down in sub-article (2) of the last preceding article shall apply also in the case where the obl
Art. 755In actions touching the existe nce or validity of any contract of lease, or the determination of any lease bef
Art. 756(1) The rule laid down in paragraph ( b) of the last preceding article shall apply to actions for the ejectmen
Art. 757(1) In the actions referred to in the last two preceding articles, where it is not alleged that the lease was
Art. 758(1) In actions concerning t he rendering of accounts in connection with the administration of sums of money, t
Art. 759If the plaintiff claims paym ent of several sums due for different causes, the value is determined by the high
Art. 760(1) In actions concerning capital and interest, the value is determined by the aggregate am ount of capital an
Art. 761In all cases not provided fo r in the foregoing articles of this sub-title, any value which is uncertain may b
Art. 762(1) The valuation in the case referred to in the last preceding article shall be made by one expert only. Wher
Art. 763(1) In order to determine the court to which an appeal from a judgment of the Court of Magistrates (Gozo) may
Art. 764A valuation made by one or more experts appointed by consent of both parties, and verified on oath by the expe
Art. 765For the purpose of determining the value of the thing in issue, no regard whatever shall be had to any fruits,
Art. 766The value determined for the purpose of establishing the jurisdiction of the court shall not be availed of for
Art. 767The privilege referred to in article 741(c) is granted to parties residing in the Island of Malta with referen
Art. 768(1) Where the number of the defendants residing in Malta exceeds that of the defendants residing in the Island
Art. 769Where the number of the defendants residing in the Island of Malta is equal to that of the defendants residing
Art. 770T h e privilegium fori shall also cease, where the action touches an obligation which, acco rding to the agree
Art. 771T h e privilegium fori may not be claimed by the heir, where, for the reason mentioned in the last preceding a
Art. 772T h e privilegium fori may be waived, and if not claimed shall be deemed to be waived. The contumacy of the pa
Art. 773Subject to the provisions of article 745( b) and ( h), if a particular court in Malta is otherwise competent,
Art. 774In the absence of any plea to the jurisdiction, the court shall, of its own motion, declar e that it has no ju
Art. 775Where two or more courts have respectively declared their want of jurisdiction in regard to a particular actio
Art. 776Where the issue has not been brought before the Court of Appeal by an appeal in the ordinary way, it shall be
Art. 777The court of first instance which is declared by the Court of Appeal to be the competent court, shall take cog
Art. 778Repealed by: XXIV .1995.290. Question of jurisdiction as between civil and commercial division of Gozo court i
Art. 779Repealed by: XXIV .1995.290. Sub-title IV OF THE PLEA AS TO THE CAPACITY OF THE PLAINTIFF OR DEFENDANT Plea as
Art. 780The plea as to the capacity of the plaintiff or the defendant may be raised, if the one or the other is under
Art. 781The following persons may not sue or be sued: (a) a minor, except in the person of the parent exercising paren
Art. 782The provisions of article 781 shall not apply to - (a) any minor, if such child carries on trade with the cons
Art. 783(1) In the cases referred to in this sub-title, the curator ad litem may be appointed by the same court before
Art. 784If the parent exercising parental authority, owing to absence or for other reasons, is unable or refuses to ap
Art. 785(1) In the case referred to in a rticle 784, it shall be lawful for the court of voluntary jurisdiction to gra
Art. 786(1) It shall not be lawful t o raise the plea as to the capacity of a party suing or sued in the name and on b
Art. 786AIt shall not be lawful to raise the plea of incapacity of a party against any of the persons mentioned in arti
Art. 787(1) Any judicial act performed by, or against, any person who is under disability to sue or be sued, and not d
Art. 788The defect of nullity may be cured, if the parent exercising parental authority or the curator, appearing of h
Art. 789(1) The plea of nullity of ju dicial acts is admissible - (a) if the nullity is expressly declared by law; (b)
Art. 790Where before an appellate court the plea of nullity of a judgment appealed from is raised, such plea shall not
Art. 791(1) The defendant in a spoliation suit brought within the period of two months from the day on which the spoli
Art. 793(1) If two or more actions brought before one and the same court are connected in respect of the subject-matte
Art. 794(1) The plea of lis alibi pendens or of connection of actions may be raised at any time until judgment is deli
Art. 795The defendant who pleads the benefit of discussion shall present during the hearing of the cause, or previousl
Art. 796If the plea of discussion is admitted, the defendant shall, within the time fixed by the court, deposit in fav
Art. 797Upon compliance with the requirements of the last preceding article, the court shall order that the proceeding
Art. 798If, on the contrary, the defendant fails to comply within the said time with any of the requirements above-men
Art. 799(1) The provisions of the last preceding article shall apply also in the case where the plaintiff shall not su
Art. 800If the defendant is allowed t o indicate other property, the provisions of articles 796 to 799 shall apply. CO
Art. 801(1) It shall be lawful for the defendant to waive the plea of discussion previously raised by him, and demand
Art. 802T h e p l e a o f f a l s i f i c a t i o n m a y b e r a i s e d n o t o n l y b y t h e party to whom the do
Art. 803Where the cause can be decided independently of the document averred to be false, the court shall decide on th
Art. 804The plea of falsification shall be determined independently of any criminal action. Arrest of person suspected
Art. 805If, at any stage of the proceedings, it shall appear to the court that there are strong grounds to suspect the
Art. 806In the case of death pendente lite of any party to a suit, the heir or executor of such party, or any other pe
Art. 807(1) Where no application is made by any person to continue the suit in substitution for the deceased party, it
Art. 808The default of the heir or executor to continue the suit shall not imply renunciation of the inheritance or ex
Art. 809The banns for the appointment of curators shall be served on the presumptive heir or heirs, if known; and if u
Art. 810(1) It shall also be lawful for a party who has not as yet declared his acceptance of the inheritance or execu
Art. 810AIn the case of any other change of parties to the suit other than by the death pendente lite of any party to t
Art. 810BWhere, within six months from the death pendente lite of any party to a suit, no application is made by any pe
Art. 811A new trial of a cause decided by a judgment given in second instance or by the Civil Court, First Hall, in it
Art. 812A new trial may also be demanded in respect of a cause decided by a judgment of a court of first instance and
Art. 813A new trial shall not be granted except on any of the grounds mentioned in article 811 and shall not be grante
Art. 814Subject to the provisions of Sub-title II of Title II of Book Third of this Code the demand for a new trial sh
Art. 815In the superior and inferior courts, the demand for a new trial shall be made, before a court of first instanc
Art. 816In the application, whether swo rn or not, the plaintiff shall distinctly state the heads of the judgment whic
Art. 817Repealed by: XXIV .1995.302. Time for demanding new trial. Amended by: IX.1886.101; XXIV .1995.303.
Art. 818(1) The time for demanding a new trial is three months, which shall commence to run - (a) in regard to the cas
Art. 819(1) The time limited in the last preceding article is peremptory. (2) Such time shall run indiscriminately eve
Art. 820(1) If a new trial is granted, the judgment complained of being set aside, the rehearing of the cause in respe
Art. 821The demand for a new trial may not be made more than once, except on grounds which may arise subsequently to t
Art. 822(1) The demand for a new tria l may also be availed of by any of the defendants who, in th e answer to the lib
Art. 823(1) The demand for a new tria l shall not operate so as to stay the execution of the judg ment sought to be se
Art. 824It shall not be lawful to grant another new trial in respect of a judgment given upon a new trial. Errors of c
Art. 825(1) Nothing in this Title contained shall operate so as to bar the court, upon the application of any of the p
Art. 825AWhere regulations of the European Union provide, with regard to the matters regulated under this title, in any
Art. 826Saving the provisions of the British Judgments (Recipro- cal Enforcement) Act, any judgment delivered by a com
Art. 827(1) The provisions of the las t preceding article shall not have effect: (a) if the judgment sought to be enfo
Art. 828The judgment ordering the enforcement of another judgment delivered by a court outside Malta, upon being regis
Art. 829It shall be lawful for any person, without the necessity of any previous judgment, to secure his rights by one
Art. 830(1) The precautionary acts referred to in the last preceding article ar e the following: (a) warrant of descri
Art. 831(1) The demand for the issue of any of the said acts shall be made by an application prepared by the applicant
Art. 832Where the right sought to be secured by the act is a debt, or a claim which may be satisfied by the payment of
Art. 833The oath referred to in this Title may be administered by the registrar or by a legal procurator appointed as
Art. 833AWhere a judicial letter is filed and sworn according to article 166A, there may also thereupon be sworn and fi
Art. 833BWhere a letter has been lodged in accordance with article 34 of the Mediation Act, there may also thereupon be
Art. 833CWhere a judicial letter has been filed to render bills of exchange or promissory notes e xecutable in accordan
Art. 833DWhere a judicial letter has been filed in accordance with article 466, there may be filed the precautionary wa
Art. 834The court executing officer shall, at t he earliest time possible, serve notice in writing to the ap plicant,
Art. 835Repealed by: XIV .2006.84. Counter-warrant. Amended by: XV .1913.156; XIV .1980.6. Substituted by: XXIV .1995.
Art. 836(1) Without prejudice to any other right under this or any other law, the person against whom any precautiona
Art. 837(1) It shall not be lawful for the Court of Magistrates (Malta), or the Court of Magistrates (Gozo) in its inf
Art. 838The court may, when any party makes an application before it which is served on the other party, give any orde
Art. 838AIt shall be lawful for the court, on good cause being shown, upon the demand by application of the person agai
Art. 838B(1) Unless rescinded by the court or withdrawn by the party suing out the wa rrant, all precautiona ry warrant
Art. 840(1) The marshal shall execute a warrant of description by describing the things in detail stating the number a
Art. 841The things so described shall remain in the custody of the person in whose possession they are found, and such
Art. 843(1) The applicant is bound to bring the action in respect of the right stated in the warrant within twenty day
Art. 845The provisions of articles 275, 276 and 279, shall apply to the execution of a warrant of description. SUB-TIT
Art. 846(1) The warrant of seizure of movable property shall, other than the details referred to in article 282, also
Art. 847The judicial sale by auction of the property seized shall not take place without a previous judicial acknowled
Art. 848Saving the provisions of articles 466 and 467 respecting the claims of the Government, no warrant of seizure s
Art. 848A(1) A precautionary warrant of seizure of a commercial going concern may solely be issued to secure a debt or
Art. 848B(1) When a demand is made for the issue of this warrant the court shall, after hearing the parties, appoint an
Art. 849The effects of a precautiona ry garnishee order are the same as those of an executive garnishee order, and the
Art. 851(1) The court may, at any stage of the cause, on the demand of either of the parties, or of its own motion, ma
Art. 852The sequestration mentioned in the last preceding article may also be ordered in regard to immovable property,
Art. 853(1) The sequestrator shall be chosen either by consent of the parties interest ed, or by the court ex officio.
Art. 855(1) A precautionary warrant of arrest of any sea-going vessel having a length exceeding ten metres may solely
Art. 856(1) The warrant of arrest shall have the effect to seize the sea vessel, having a length exceeding ten metres,
Art. 857(1) The authority which has in its hands or under its control the sea going vessel against which such warrant
Art. 858(1) A warrant of arrest shall be sued out by means of an application on a form to be prescribed by the Ministe
Art. 859A warrant may be demanded and obtained before the Court of Magistrates (Malta) or before the Court of Magistra
Art. 860The application for the issue of a warrant of arrest shall, under pain of nullity, state in a clear manner suc
Art. 861Where it is found that the warrant was obtained upon a demand maliciously made, the penalty in terms of articl
Art. 862It shall be lawful for the court, on good cause being shown, upon the demand by application by a person whose
Art. 863(1) No warrant shall be issued against any ship or vessel wholly chartered in the service of the Government of
Art. 864The court may order the sale of an arrested ship or vessel pendente lite if it appears to the court upon the a
Art. 865(1) If, notwithstanding the issue and execution of a precautionary warrant o f arrest, a ship or vessel is rem
Art. 865A(1) A precautionary warrant o f arrest of any aircraft may solely be issued to secure a debt or claims, whethe
Art. 865B(1) The warrant of arrest shal l have the effect to seize the aircraft from the debtor and also to attach the
Art. 865C(1) The authority which has in its hands or under its control the aircraft against whi ch such warrant of arre
Art. 865D(1) A warrant of arrest shall be sued out by means of an application on a form to be pre scribed by the Minist
Art. 865E(1) A warrant may be demanded and obtained before the Court of Magistrates (Malta) or before the Court of Magi
Art. 865FThe application for the issue of a warrant of arrest shall, under pain of nullity, state in a clear manner suc
Art. 865G(1)Where it is found that the warrant was obtained upon a demand maliciously made, the penalty in terms of art
Art. 865HIt shall be lawful for the court, on good cause being shown, upon the demand by application by a person whose
Art. 865I(1) No warrant shall be issued against any aircraft wholly chartered in the service of the Government of Malta
Art. 865JT h e c o u r t m a y o r d e r t h e s a l e o f a n a r r e s t e d a i r c r a f t pendente lite if it appe
Art. 865K(1) If, notwithstanding the issue and execution of a precautionary warrant of arrest, an aircraft is removed f
Art. 873(1) The object of a warrant of prohibitory injunction is to restrain a person from doing anything whatsoever w
Art. 874* (1) A warrant of prohibitory injunction may also be demanded by a creditor to secure a debt or any other cla
Art. 875(1) The application shall be s erved on the party against whom it is issued who shall file a reply thereto wit
Art. 876(1) Where a spouse has brought or intends to bring before the Civil Court, a suit for personal separation, the
Art. 876AThe provisions of articles 829 to 844 shall apply to the warrant of prohibitory injunction. CODE OF ORGANIZATI
Art. 877(1) A warrant of prohibitory injunction may also be issued to restrain any person fr om taking any minor outsi
Art. 889(1) The object of a protest is to make a solemn intimation or declaration in order to place other parties in b
Art. 890The protest or judicial letter shall take effect from the day of the service thereof. Act interrupting prescri
Art. 891(1) Nevertheless, where the protest or judicial letter is intended to interrupt the course of prescription, su
Art. 892The Cautio Angeli is abolished. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 249 Title VIII OF SECURITY
Art. 893Any security prescribed by law, or ordered by the court, or required in a lodgment schedule or in any other ac
Art. 894(1) Unless otherwise provided by law, the security is offered by means of a note or an application, stating th
Art. 895(1) Where objection has been made to the sufficiency of the surety ordered or required for the withdrawal of t
Art. 896(1) Security for judicial costs shall not be required, except where prescribed by this Code. Judicial costs to
Art. 897Any objection to the security for costs shall be made by the opposite party in the answer or, in the case of c
Art. 898The protest referred to in the last preceding article shall not operate so as to suspend the running of the ti
Art. 899Where the time allowed for the filing of any written pleading has been enlarged or where contumacy has been cl
Art. 900(1) Where objection to the security for costs is regularly taken, the party giving the security shall be notif
Art. 901The disallowing of the demand contained in the application referred to in the last preceding article, shall no
Art. 902(1) Where objection to the secur ity for costs is taken after the cause is set down on the list for hearing, o
Art. 903Where objection to the security for costs is taken by the registrar, such objection shall be made by a protest
Art. 904(1) It shall be lawful to admit the plaintiff or appellant to juratory caution, if he shows prima facie a prob
Art. 905In the absence of any special p rovisions to the contrary in regard to security, the followi ng rules shall be
Art. 906(1) Any of the parties may, by means of a note signed by him or his advocate, at any stage of the trial before
Art. 907(1) The withdrawal produces the same effects as desertion. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12.
Art. 908Where the withdrawal is not unconditional, it shall be lawful for the other party not to accept it and to insi
Art. 909If the party discontinuing the action desires to commence another action for the same cause , any of the exhib
Art. 910Where several parties having the same interest have entered an appeal against a judgm ent and some of the part
Art. 911(1) The demand for admission to sue or defend with the benefit of legal aid in any court mentioned in articles
Art. 912No demand as is mentioned in article 911 shall be granted unless the applicant confirms on oath, in the case o
Art. 913(1) The provisions of the las t preceding article shall not apply to the granting of legal aid to any person f
Art. 914(1) Where the demand is made by an application, the Civil Court, First Hall, shall refer the application to th
Art. 915Repealed by: IX.2004 .10. Enlargement of time for report of advocate for Legal Aid. Amended by: XXIII.1971.43;
Art. 916Where in any particular case, the character of the examination to be made by the Advocate for Legal Aid is suc
Art. 917If the report of the Advocate for Legal Aid is in favour of the applicant, the latter shall be admitted to the
Art. 918The Civil Court, First Hall, shall assign to the party admitted to proceed with the benefit of legal aid the a
Art. 919(1) A person shall not be a dmitted to pro ceed with the benefit of legal aid - (a) where in the same cause an
Art. 920(1) The person admitted to proceed with the benefit of legal aid shall be exempt from the payment of all fees
Art. 921If the party admitted to proceed with the benefit of legal aid succeeds in the action, he sh all, out of the a
Art. 922(1) All acts filed by the part y proceeding with the benefit of legal aid shall be null if they are not in acc
Art. 923( 1 ) T h e C i v i l C o u r t , F i r s t H a l l , s h a l l d e p r i v e o f s u c h benefit the person a
Art. 924If the advocate or legal procurator assigned to the person admitted to the benefit of legal aid, without good
Art. 925(1) The advocate or legal procurator assigned to the person admitted to the benefit of legal aid shall: (a) ac
Art. 926Companies registered under the Companies Act shall not be entitled to the benefit of legal aid. Demand and gra
Art. 927Repealed by: XXIV .1995.340. Applicability of preceding articles. Added by: XXIII.1971.53.
Art. 928Repealed by: XXIV .1995.340. Added by: L.N. 342 of 2005. Title X A OF LEGAL AID (CROSS-BORDER DISPUTES) Interp
Art. 928AFor the purposes of this Title: "cross-border dispute" means a d ispute where the party applying for legal aid
Art. 928B(1) Legal aid shall be granted to the applicants involved in a cross-border dispute who are, partially or tota
Art. 928CFor the purposes of the Directive, the competent authority in Malta is the Advocate for Legal Aid as defined i
Art. 928DIt shall be the duty of the competent authority: (a) to act as a receiving or transmitting authority for legal
Art. 928E(1) Legal aid applications by persons who are domiciled or habitually resident in Malta may be submitted eithe
Art. 928F(1) Legal aid granted by the competent authority in Malta when it is acting as a receiving authority shall cov
Art. 928GCosts related to the translation of the application and sup portin g d ocum ent s incu rred b y the competent
Art. 928HDocuments transmitted by the competent authority shall be exempt from legislation or other similar formality.
Art. 928J(1) An application for legal aid made by a party to a dispute covered by the Regulation or the Convention who
Art. 929Besides the cases where by express provision of this Code the appointment of curators is necessary, the court
Art. 930(1) The curators shall be appointed by the competent court on a demand made by an application filed together w
Art. 931(1) The court, upon making an order for the appointment of curators, shall issue banns to be posted up at the
Art. 932(1) The banns shall contain an indication of the demand for the appointment of curators and of the order of th
Art. 933Where any person appears and, by a note signed by him, offers to accept the appointment, it shall be lawful fo
Art. 934If no person appears within the said time of six days, or if the court does not confirm the p erson appearing,
Art. 935The person appearing to the b anns, if confirmed as curator, shall not be entitled to the re imbursement of th
Art. 936(1) The curators are bound to use their best diligence for the benefit of the interest which they represent. T
Art. 937The legal procurator appointed to act as curator shall obtain for the advocate such information as to facts as
Art. 938The curators appointed from the rota shall, respectively, be entitled to the necessary expenses incurred by th
Art. 939Where the curator is to be entrusted with the charge of ships or merchandise, the court shall appoint as curat
Art. 940In the Court of Magistrates (Malta) and in the Court of Magistrates (Gozo) in its inferior jurisdiction, the a
Art. 941Where, in the cases referred to in the last preceding article, no person voluntarily appears to assume the cur
Art. 942The procedure prescribed in this Title shall also apply where the occasion for appointin g curators arises bef
Art. 943(1) Irregular deposits of moneys in the superior or inferior courts shall be effected by the filing of a sched
Art. 944(1) Save as otherwise provided by law, the money so lodged may not be withdrawn, in whole or in part, except o
Art. 945(1) Where a deposit is withdrawn, wholly or in part, either on account or in full settlement of a debt due und
Art. 946(1) Where a claim is made by sworn application touching a deposit existing in any court, the registrar shall,
Art. 947Any deposit made under a schedule of redemption may, the right of redemption being waived, be withdrawn by the
Art. 948(1) Any deposit not consisting in cash shall be made in the manner prescribed in article 943, but a detailed d
Art. 949(1) The courts shall have power to make special rules in regard to the place appointed for the deposits referr
Art. 950(1) If the parties interested in any of the deposits referred to in article 948, fail to take the necessary st
Art. 951( 1 ) R e g u l a r d e p o s i t s o f m o n e y s n o t l e g a l l y c u r r e n t i n Malta, gold or silve
Art. 960Any person who shows to the satisfaction of the court that 270 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCED
Art. 961A third party may also, by decree of the court, at any stage of the proceedings before the judgment, be joined
Art. 962The third party joined in the suit shall be served with the application, whether sworn or not, and shall for a
Art. 963(1) Saving the provisions of sub-article (3) and of articles 416 and 420, the written pleadings in any cause s
Art. 964(1) Any cause in any court of civil jurisdiction which, after having been set down for hearing, is subsequentl
Art. 965Repealed by XXXI.2002 .189. Power of court to enlarge time. Demand for enlargement to be by application. Amend
Art. 966Repealed by XXXI.2002 .189. Date on which desertion takes place. Amended by: IX.1886.120; XXXI.2002.190.
Art. 967Where desertion takes place under the provisions of articles 963 and 964, it shall be deemed to take place on
Art. 968(1) Subject to the provision of sub-article (2), any cause concerning any matter in dispute which has been bro
Art. 969Any submission to arbitration made by any administrator, or by any person who is not at liberty to dispose of
Art. 970Repealed by Act II.1996 .78. Witnesses to be examined by arbitrators. Added by: IX.1886.121. Substituted by: X
Art. 971Repealed by Act II.1996 .78. Persons under tutorship or curatorship may not act as arbitrators. Amended by: XL
Art. 974Repealed by Act II.1996 .78. Power to enlarge time for making award. Amended by: XV .1913.175.
Art. 975Repealed by Act II.1996 .78. Power of parties to submission to compel arbitrators to declare acceptance of ref
Art. 976Repealed by Act II.1996 .78. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 273 Acceptance of appointment
Art. 977Repealed by Act II.1996 .78. Arbitrator refusing to act without just cause liable to damages.
Art. 979Repealed by Act II.1996 .78. Demand of party to withdraw from submission to be made by writ of summons.
Art. 980Repealed by Act II.1996 .78. Formalities and times to be observed in arbitration proceedings.
Art. 981Repealed by Act II.1996 .78. Arbitrators to adjudge according to rules of law. Amended by: IX.1886.123.
Art. 982Repealed by Act II.1996 .78. Notice to parties of publication of award. Added by: IX.1886.123.
Art. 983Repealed by Act II.1996 .78. Deliberation of majority to form award. Contents of award. Added by: IX.1886.123.
Art. 985Repealed by Act II.1996 .78. Rescission or annulment of award. Amended by: IX.1886.124; XV .1983.16.
Art. 986Repealed by Act II.1996 .78. When submission ceases to be operative. Amended by: IX.1886.126.
Art. 987Repealed by Act II.1996 .78. Title XVII OF THE RESPECT DUE TO THE COURT 274 CAP. 12.] CODE OF ORGANIZATION AND
Art. 988(1) It shall appertain to the judges and the magistrates respectively to enforce order during the sittings of
Art. 989It is forbidden at any sitting of the court to utter exclamations of approval or disapproval, or to disturb in
Art. 990In the case of any improper behaviour under the last preceding article, it shall be law ful for the judge or m
Art. 991It shall be lawful for the judge or magistrate referred to in article 988 forthwith to sentence to a fine ( am
Art. 992Where any of the aforesaid acts constitutes an offence under the provisions of the Criminal Code, it shall be
Art. 993Any advocate, legal procurator or other officer of the court, who commits any of the acts referred to in artic
Art. 994(1) It is forbidden to use in any written pleading or during the hearing of a cause any insulting or offensive
Art. 995Any functionary, referee or other officer of the court, who is insulted in the execution of any warrant, or in
Art. 996The judge or magistrate shall repress any excess on the part of any advocate, legal procu rator, or other offi
Art. 997(1) In proceedings for any act or omission amounting to contempt of court, the offender shall, on conviction,
Art. 998Where, in the cases referred to in this Title, the party accused, on being summoned by order of the judge or m
Art. 999Any person sentenced to detention by the judge or magistrate shall be kept in custody in the prison within the

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