Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 467

Official PDF on legislation.mt

467. (1) Any executive title obtained according to the provisions of the last preceding article in the absence of any opposition on the part of the debtor shall be rescinded if upon a request by application to be filed by the debtor within twenty days from the first service upon him of any executive warrant based on the said title or of any other j udicial act wherein reference i s made to the said title, the court is satisfied that the debtor was u naware of the service of the declaration referred to in sub-article (1) o f the last preceding article during th e period during which he could oppose the same and that the claim contained in the said declar ation is unfounded on the merits. (2) No opposition other than that specifically provided for in this article and in the last preceding article shall stay the i ssue or execution of any executive act obt ained thereunder or the payin g out of the proceeds of any warran t or sale by auction carried o ut in pursuance thereof. Summary proceed- ings for eviction from certain land. Repealed by: XXIV .1995.200. Added by: XXVI.2015.2. Cap. 228. Repealed by: XVII.2017.84.

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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.