Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 337
337. (1) A purchaser animo compensandi shall, within the
times stated in article 328, demand by means of an application
accompanied by a lodgment schedule, the approval of the propose d
set-off, and he shall pay into court the surplus of the price w here
such price exceeds the amount of t he debt and costs, producing the
necessary vouchers.
Payment into court
of costs incurred
by execution
creditor.
(2) If the purchaser be a person other than the execution
creditor, he shall likewise pay into court the amount of the co sts
incurred by such execution creditor in respect of the judicial
recognition of his cla im and in respect of the auction proceedi ngs.
Recovery of costs
by execution
creditor.
(3) The execution creditor shall recover the costs of the auctio n
proceedings unconditionally, and shall recover the legal fees a nd
the costs of the judicial rec ognition of his claim, upon enteri ng into
a bond with sufficient surety to restore the amount thereof to the
purchaser in the event of eviction of the immovable property
adjudicated.
108 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Application for
approval of set-off.
Service of
application.
Amended by:
XXIV .1995.166;
XIV .2006.41.
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.