Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 329

Official PDF on legislation.mt

329. (1) In default of such payment into court, the purchaser shall, upon the demand by application of the party at whose suit or against whom the execution was granted, be liable to personal arrest. Fresh sale by auction at the expense and risk of defaulting purchaser. (2) Moreover, in such case, the property adjudicated may, upon a demand by means of an application made by the party at whose suit or against whom the execution was granted, be again put up for auction at the expense of the purchaser; in which case, if the bids be lower, such purchaser shall be responsible for the difference; and if the bids be higher, the difference shall go in favour of the debtor, saving any right thereon of the execution creditor. Decree to be served on purchaser. (3) The decree made on the said application shall be served on the purchaser. Lodging of purchase money of movable property.

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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.