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