Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 238
238. (1) The reversal or variation of a judgment shall operate
in favour of the party at whose i nstance such reversal or varia tion is
obtained.
(2) Such reversal or variation shall also operate in favour of
any person -
(a) who has an interest essentially dependant upon that of
the party at whose instance such reversal or variation
is obtained;
(b) who, in any controversy relating to an indivisible
thing, was joint plaintiff or defendant with the party at
whose instance such reversal or variation is obtained;
(c) who in virtue of the judgment which is reversed or
varied was condemned in solidum with the party at
whose instance the reversal or variation is obtained:
Provided that the reversal or variation shall not operate in
favour of the person referred to in paragraphs (b) and ( c) where
such reversal or variation is ob tained on grounds exclusively
affecting the party seeking such reversal or variation.
Certain judgments
may only operate
in respect of third
parties if and from
the time they are
entered in the
Public Registry.
Added by:
IX.1886.3.
Amended by:
XXIV .1995.118.
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.