Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 310
310. (1) In the valuation of immovable property, the experts
shall include a description of the property stating the burdens ,
leases and other rights whether real or personal, if any, to wh ich the
property is subject, as well as t he last transfer of such prope rty
according to the information obtained from the creditor or from the
debtor and such description shall include the following:
(a) an indication of the area and height of the property
subject to judicial sale;
(b) a plan or a sketch which shows the number of rooms
constituting the prop erty and their size;
(c) a report as to whether the property is built in line with
building permits and sanitary rules;
(d) a copy of the deed of acquisition; and
(e) a declaration as to whether the place is inhabited or
occupied by third parties, and under which title it is so
occupied:
Provided that if the occupier, when so requested by the
expert to give the information referred to in paragraph ( e), fails to
do so, the expert shall include a declaration to that effect in his
report:
P r o v i d e d f u r t h e r t h a t i f t h e C o u r t i s s a t i s f i e d t h a t t h e
occupier failed to give the information referred to in the firs t
proviso without just cause, the Court may find the occupier to be in
contempt of court and he shall be liable on conviction to a
punishment consisting of a fine (multa) of not less than two
hundred euro (€200) and not more th an one thousand euro (€1,000 )
Debtor may be
compelled to give
information
required for the
purposes of the
valuation.
(2) It shall be lawful, at the written or verbal request of the
expert or the creditor, to compel the debtor to confirm on oath , to
be administered by the court or the registrar, the information given
to or required by the expert.
Debtor to be called
upon by letter from
registrar.
(3) The debtor shall be called upon to give the above
information by means of a l etter from the registrar.
Applicability to
debtor of
provisions relating
to witnesses.
(4) The provisions relating to witnesses shall apply to any
debtor called upon as aforesaid.
Valuation or
appraisement to be
sworn by expert.
Amended by:
X.1856.5;
VI.1880.23;
VIII.1990.3;
XXIV .1995.149.
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.