Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 239

Official PDF on legislation.mt

239. (1) The judgments mentioned hereunder shall be operative with respect to third parties, only from the time whe n they are enrolled in the Public Registry, namely: (a) any judgment by which any act having the effect of transferring the ownership of immovable property or any other real right thereon, is dissolved, rescinded or revoked; 80 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (b) any judgment which directly adjudges the transfer of the ownership of immovable property or of any other real right thereon. Cap. 56. (2) Any interested party may obtain enrolment by delivering to the said registry a note of enrolment together with an authenti c copy of the judgment as well as a certificate from the registra r that the judgment has become res judicata. The provisions of the Public Registry Act shall apply to the drawing up and filing of the said note. (3) In the case of any judgment referred to in sub-article (1)( a), when the judgment shall have become res judicata , the registrar shall, at the request and at the expense of the interested part y, deliver a note of reference to such judgment to the notary befo re whom the act which has been dissolved, rescinded or revoked was received, or who is t he keeper thereof. Cross-appeal. Amended by: XI.1859.12; IX.1886.38. Substituted by: XXIV .1995.119.

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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.