Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 500

Official PDF on legislation.mt

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.

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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.