Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 388D

Official PDF on legislation.mt

388D. (1) The court shall, when a demand is made for the issue of an executive warrant of arrest , establish whether it shall o rder the sale of the said article or fix a time-limit within which t he debtor is to pay the amount due o r order the said article to be returned to the owner or lessor or mortgagee. (2) When the court orders such sale, it shall proceed according to the procedures laid down in the provisions relating to judic ial sale by auction. (3) When the court fixes a time limit within which the debtor is to pay, it shall order the execu tive warrant to be definitely i n force until payment of the am ount due is effected. (4) When the said time limit passes without any effect the court shall, on a demand to be made by the interested party, order th e sale to take place according to the p rovisions of sub-article (2). (5) When a demand is made for the execution of an order pursuant to article 1526 of the Civil Code for the issue of an executive warrant of arrest of the ship for the purposes of repossession thereof, the court shall expeditiously order the ope rator, lessee or other occupan ts, including any members of their staff to return the seagoing ves sels in favour of the owner or lessor or mortgagee as the case may be a nd, if necessary, issue suc h orders as are stat ed in article 384A. Added by: VIII.2010.61. Sub-title XI OF THE EXECUTIVE WARRANT OF ARREST OF AIRCRAFT Application for the issue of warrant. Added by: VIII.2010.61.

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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.