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