Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 445
445. (1) Where the hereditary estate is of very small value, it
shall be lawful for the court, in the absence of any opposition on the
part of the State Advocate, to order, even on an application, that such
estate be delivered to any creditor claiming it in fall or partial
payment of a debt owing to him.
Verification of
account on oath.
(2) In any such case, the court may allow the creditor to verify
his account on oath if, in the circumstances of the case, it is difficult
to produce other evidence and the court is satisfied that such
verification on oath is sufficient.
Summary
procedure for
delivery of estate
to creditor where
claim is proved by
documentary
evidence.
Amended by:
XI.1859.25;
L.N. 46 of 1965;
LVIII.1974.68;
XXV.2019.19.
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.