Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 293

Official PDF on legislation.mt

293. (1) The property mentioned hereunder is not subject to seizure: (a) such clothes for daily wear, bedding and such utensils and furniture as are cons idered reasonably necessary for the decent living of the debtor and his family; (b) personal documents and books relating to the profession of the debtor, of the debtor’s spouse or of the debtor’s children; (c) the registers and minute-books of notaries public; (d) tools and implements necessary for the instruction in or the exercise of any science or of any art of the debtor, of the debtor’s spouse or of the debtor’s children; (e) animals and tools required for agriculture and any fruit either cut or not yet sep arated from the ground; (f) aircraft, exclusively appropriated to a state service, including the postal service, but excluding commercial service; (g) sea vessels wholly chartered in the service of the Government of Malta; (h) s a c r e d v e s t m e n t s a n d v e s s e l s w h i c h a r e u s e d i n a consecrated church, or belonging to a priest, a religious order or any member thereof; (i) any property of any member of the Police Force or of the Armed Forces of Malta being arms, ammunition, equipment, instruments or clothing used by him in the discharge of his duties: Provided that any such property as is mentioned in paragraphs ( a) to ( g) may be seized - (i) if the execution is demanded in respect of the price of such property; (ii) if the execution is demanded in respect of rent or ground-rent of the tenement in which such property is kept; (iii) if the executive title by virtue of which the warrant has been issued specifically condemns the debtor to effect the return of such property. (2) The seizure may be effected of unseparated movable property belonging to both debtor and a third party, insofar as no sale of such property may take p lace except after their separat ion. (articles 294 to 304 were deleted by XIV .2006.13). Procedure for the sale of movable property. Added by: XII.2009.5.

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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.