Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 340

Official PDF on legislation.mt

340. (1) If the set-off be not approved, the provisions of article 329(2) and (3) shall apply: Provided that whosoever makes made a bid animo compensandi under the condition specified in article 334 shall, within seven days from the date on which he is served with the court order rejecting his application for the set-off, pay the price in the registry of the court in whi ch case the provisions of this article shall not apply. In the event th at such party fails to pay the price within such time limit, article 329 shall apply: Provided further that in the event that the property adjudicate d is transferred and delive red to the purchaser i n terms of article 331(3) the provisions of this article shall not apply and the provisio ns of article 338(6) shall apply to the security ordered to be provid ed by the court. (2) If the set-off be approved unconditionally, the purchaser shall be entitled to the formal transfer and delivery of the mo vable property adjudicated or, in the ev ent that the property had alr eady been delivered under article 331( 3), the purchaser shall be ent itled to the release of any s ecurity made by him. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 109 Execution creditor, etc., may demand fresh executions in case of deficiency of proceeds.

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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.