Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 500
500. (1) The demand for the issue of edicts shall be made by
an application.
Contents of
application.
(2) The application shall state the mode in which the property
has been acquired as well as every transmission of the possession
thereof which may have taken place within the last preceding ten
years.
List of hypothecary
debts.
(3) The applicant shall, together with the application, or
subsequently thereto, file a list of his hypothecary debts, showing
distinctly the sums due by him, the name of the creditors and their
respective titles, as well as the burdens and any other
encumbrances to which the immovable is subject; and such list
shall be by him verified on oath before the registrar.
Certificate of
Public Registry.
(4) The applicant shall also produce a certificate from the
office of the Public Registry, showing the liabilities, if any,
registered against him as well as against such others as were vested
with the possession of the property during the last preceding ten
years.
Default of
production of
certificate.
(5) In default of the production of such certificate, it shall not
be lawful to order the issue of edicts.
Where applicant
declares that
property is not
subject to debts.
(6) If the applicant declares that the property is not subject to
any debt or other burden, he shall confirm such declaration on oath.
Where application
is made by attorney
or representative.
(7) Where the application is made by an attorney or other
representative of a person not residing in Malta, or incapable of
taking an oath, the oath prescribed under this article shall be taken
by such attorney or representative, who will declare that it is not to
his knowledge whether the property in question is subject to any
debt or other burden, or whether the property is subject to any other
debt or burden besides those mentioned in the said list.
Court to issue two
edicts with interval
of fifteen days.
Amended by:
X.1856.9;
XXIV.1995.203.
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.