Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 36

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36. (1)* The Civil Court, First Hall and the Civil Court (Family Section) shall be compete nt to hear cases in Malta and Gozo. (2)† The Civil Court, First Hall and the Civil Court (Family Section) shall hold sittings both in Malta and in Gozo. (3)‡ W h e n t h e C i v i l C o u r t , F i r s t H a l l a n d t h e C i v i l C o u r t 16 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE (Family Section) hold sittings in Malta, they shall take cogniz ance of all claims against persons residing or having their ordinary abode in the Island of Malta, and of all other causes expressly assigned by law to such sections of the Civil Court. (4)* When the Civil Court, First Hall and the Civil Court (Family Section) hold sittings in Gozo, they shall take cogniza nce of all claims against persons residing or having their ordinary abode in the Islands of Gozo and Comino, and of all other cause s expressly assigned by law to suc h sections of the Civil Court. (5)† The rules set out in this Code concerning the privilegium fori and the exceptions thereto shall apply also between the Civil Court, First Hall and the Civil Court (Family Section) when sit ting in the island of Malta and whe n sitting in the i sland of Gozo. (6)‡ Causes which are not included in the causes which may be heard by the Civil Court, First Hall and the Civil Court (Famil y Section) when holding sittings in the island of Gozo shall be h eard by the said Courts sitting in Malta. ( 7 ) T h e C i v i l C o u r t ( C o m m e r c i a l S e c t i o n ) s h a l l t a k e cognizance of all claims against persons, whether natural or le gal, residing or having their ordina ry abode or registered office in the Islands of Malta and the Islands of Gozo and Comino and of all other causes, expressly assigned by law to such section of the Civil Court: Provided that where the Civil Court (Commercial Section) is to hear causes concerning c laims against persons, whether natural or legal, residing or having their ordinary abode or registered office in the Islands of Gozo and Comino, it shall h old its sittings in the buildi ng of the Courts of Gozo: Cap. 379. Cap. 378. Provided further that the provisions of Sub-title IV of Title I of Book Third of this Code, sub-titled "Of Referees" shall, mutatis mutandis , apply to matters relating to the Competition Act and any regulations made thereunder and the Consumer Affairs Act and any regulations made thereunder. (7A) The Civil Court (Asset Recovery Section) shall take cognisance of all claims against persons whether natural or leg al residing or having their ordinary abode or registered office or owning assets or property of any kind i n the Island of Malta and in th e Islands of Gozo and Comino and of actions in rem, for the recovery of proceeds of crime by the State or by an entity of the State or for the non-conviction based confiscation of assets and property of any kind as may be provided in any law from time to time in force and of all other causes expressly assigned by law to such section of the C ivil Court: *Not yet in force. See Legal Notice 164 of 2018. †Not yet in force. ‡Not yet in force. *Not yet in force. †Not yet in force. ‡Not yet in force. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 17 Provided that when the Civil Court (Asset Recovery Section) shall take cognisance of claims against persons, whether natura l or legal, residing or having their ordinary abode in the Islands o f Gozo and Comino it shall hold its sittings in the building of the co urts of Gozo. (8)* The Civil Court (V oluntary Jurisdiction Section) shall also sit in Malta and in Gozo. (9)† It shall be lawful to add the words "(Gozo)" in any written pleading, judicial act, cour t decree, court judgment, procès-verbal , form or any other document whatsoever filed or used by the Civi l Court, First Hall, the Civil Court (Family Section) or the Civi l Court (V oluntary Jurisdiction Section) when such documents relate to acts, claims or proceedings of the said courts in respect of which si ttings are held in the island of Gozo. Jurisdiction of the Courts of Gozo in constitutional cases. Cap. 319. Added by: XXIII.2023.2.

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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.