Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 305
305. (1) The demand for the seizure of immovable property is
made by an application.
(2) The application shall contai n a detailed description of the
property of which the sale by auction is demanded, including th e
mode in which the property has been acquired and any burthen
attached to the same land and a plan clearly indicating the sit e:
Provided that the provisions of this article apply to ships or
other vessels exceeding ten metres in length and such articles shall
also be described in detail, including any rights and encumbran ces
thereon; and an appraisement shall only be made if required by the
creditor or by the debtor.
(3) In the event of a decree as provided in the proviso to sub-
article (2), the procedure to be followed shall be that laid do wn in
this Sub-title for the judicial sale by auction of immovable
property.
Duties of the court.
Amended by:
IX.1886.68;
XV .1913.83;
XXXI.1934.40;
IX.2004.8.
Revoked by:
XIV .2006.16.
Added by:
XIV .2006.15.
Re-numbered by:
VII.2007.30.
Amended by:
XII.2009.6.
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.