Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 385

Official PDF on legislation.mt

385. (1) In the execution of a warrant in factum, the court executing officer shall proceed in such manner as ordered in the warrant. (2) The warrant in factum shall contain the order that the party against whom the warrant is issued is to be conveyed to prison, in order to be therein kept at his own expense, until the performance of the act ordered by a judgment or until such time as the court may deem necessary to ensure such performance. (3) The warrant may not be issued other than by an explicit order of the court to be issued on a demand made by application by the creditor. (4) The court shall only issue the warrant if it is satisfied that the creditor does not have any other means of execution available. Where and against whom warrant in factum may be executed.

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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.