Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 259

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259. (1) The demand by application mentioned in the last preceding article shall in all cas es be necessary where it is s ought to enforce an executive title against the heirs of the debtor, even though the period referred to in the said article shall not hav e elapsed. (2) If there be no known heir, or if the heir has not as yet declared his intention as to the acceptance of the inheritance, a curator shall be appointed to represent the inheritance, and execution proceedings shall be t aken against such curator. (3) The time allowed to deliberate upon the acceptance of the inheritance shall not operate as a stay of the execution procee dings. (4) The heirs, successors or assi gnees of the creditor may, by application served on the debtor, his successors or assignees, request the court to enforce any executive title in the name of the creditor even though the period re ferred to in the previous art icle shall not have elapsed. Such request shall be allowed by the co urt if it is satisfied that: (a) the applicants are the sole heirs, successors or assignees of the creditor; (b) the executive title is still valid for what is being claimed; and (c) the persons against whom enforcement is sought are the debtor, or his heirs , successors or assignees. 86 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Executive titles to be enforceable on movable and immovable property of debtor. Amended by: IX.1886.50.

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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.