Code of Organization and Civil Procedure (Cap. 12)

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

Official PDF on legislation.mt

388F. (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 aircraft or fix a time-limit within which the debtor is to pay the amount due or remedy the default which in any case shall not be a term exceeding thirty calendar days from th e date of the application or 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 executive warrant to be definitely i n force until payment of the amount due, or the performance of the obligation 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 s ub-article (2). Cap. 16. (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 aircraft for the purposes of repossession ther eof, the court shall expeditiously order the operator, lessee or other o ccupants, including any members of their staff to return the aircraft in favour of the owner or lessor or mortgagee as the case maybe and, if nece ssary, issue such orders as are stated in article 384A. Added by: XIV .2006.75. Amended by: VIII.2010.61. Sub-title XII OF THE WARRANT IN PROCINCTU Court may issue other orders. Added by: XIV .2006.76. Amended 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.