Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 310

Official PDF on legislation.mt

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.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.