Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 307
307. (1) Within twenty days from the time notice of the court
decree is served on the debtor, he may file a separate appraisment
and demand that a new appraisment need not be effected, provided
that such appraisement be a sworn appraisement.
(2) The sworn appraisement filed by the debtor shall, within
twenty days, be served on the creditor who shall then have twenty
days to lodge an opposition to it.
(3) When a creditor lodges such opposition to the appraisement
filed by the debtor, the court shall, after hearing both parties,
decide whether it shall appoint a new expert or not.
(4) An appraisement of the property to be sold shall always be
made before the sale takes place provided that if an appraisement,
made not earlier than twelve months before the judgement that is
being executed, has been accepted by the court in its judgement, the
court shall take cognizance of such appraisement and it shall not
appoint new experts to effect a new appraisement.
Expert to be
appointed by court,
unless agreed on
by parties.
Amended by:
XXIV.1995.147.
Revoked by:
XIV.2006.16.
Added by:
XIV.2006.15.
Re-numbered by:
VII.2007.30.
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.