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