Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 238

Official PDF on legislation.mt

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.

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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.