Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 352
352. (1) Any disposal of immovable property or of rights
annexed to such property made by the debtor within a year to be
reckoned from the date of the original or renewed registration of
the judgment or decree by which the sale by auction of such
property or rights was ordered, shall be null in regard to the person
at whose suit the judgment or decree was obtained, in which case
the court shall on a demand made by application proceed, after
hearing the parties, to declare such transfer as null and void and to
adopt such measures as it may deem necessary.
Lease of property
likewise void.
(2) In regard to such person, any lease or other disposal of the
enjoyment of such property or rights and any diminution or
restrictions of the enjoyment of such property or rights made by the
debtor within the said year without the authority of the court by
which the judgment or decree was delivered shall also be null.
Lodging of fruits
collected by
debtor.
(3) If, pending the auction proceedings, the debtor remains in
possession of such property, he may be compelled to lodge into
court the fruits actually collected or which might have been
collected.
Substitution of
movable for
immovable
property put up for
sale.
Amended by:
IV.1862.10;
XIV.2006.51.
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.