Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 181
181. (1) When a written pleading is to be filed by the Prime
Minister or other Minister, by a head of department or other pu blic
administrator, it shall be sufficient if there is designated in such
pleading the office of the person filing it and it shall not be
necessary to name the person for the time being holding such
office.
(2) No formality shall be necessary in the records of a case or
in any court proceedings upon an y change in the person of the
holder of any office designated as aforesaid or on the appointm ent
of any person in an acting capacity in any such office or where such
office is merged with another office.
(3) The provision of the last pr eceding sub-article shall apply
also where there is named in any written pleading the person fo r the
time being filling the office designated in such pleading, prov ided
that such office is clearly designated.
(4) The provisions of sub-articles (1), (2) and (3) shall apply
also in respect of the party against whom the pleading is to be
directed where such party is the holder of an office referred t o in
the said sub-article (1).
Written pleadings
filed by or against
a body having a
distinct legal
personality.
Added by:
XXIV .1995.90.
Amended by:
XXII.2005.33.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.