Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 337

Official PDF on legislation.mt

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.

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.