Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 258

Official PDF on legislation.mt

258. Where - (a) a period of fifteen years has expired since the day on which according to law an ex ecutive title mentioned in paragraphs ( a), ( c) and ( d) of article 253, in respect of judgments and decrees of the Superior Courts could have been enforced; or (b) a period of ten years has expired since the day on which according to law an ex ecutive title mentioned in paragraphs ( a), ( c) and ( d) of article 253, in respect of judgments and decrees of the Inferior Courts or of the Small Claims Tribunal coul d have been enforced; or (c) a period of five years has expired since the day on which according to law an ex ecutive title mentioned in paragraphs ( b) and ( e) of article 253, or in respect of proceedings taken under article 166A could have been enforced, the enforcement may only be pro ceeded with upon a demand to be made by an application filed before the competent court. The applicant shall also confirm on oath the nature of the debt or claim sought to be enforced, and that t he debt or part thereof is sti ll due. Procedure for enforcement of executive title where debtor is dead. Amended by: IX.1886.48; XXIV .1995.132.

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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.