Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 527
527. (1) The court shall, in the decree of interdiction or
incapacitation, direct that a notice thereof, specifying the te rms of
the inhibition, be pub lished in the Gazette:
Provided that the court shal l order that the decree be
transmitted to the Archivist of Notarial Acts who shall enter a note
of such interdiction or incapacitation in a book to be kept for the
purpose.
Electronic register.(2) The registrar shall keep an official online Register of
Interdicted and Incapacitated Persons. Such register shall be
continuously kept updated by the registrar. The register shall be
held in electronic version and shall be accessible to the Commi ssioner
for the Promotion of Rights of Persons with Mental Disorders an d to
advocates, notaries and legal procurators and to such other per sons
who the Minister may by regulations designate.
158 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
Cap. 525.
(3) The register shall be divided into three parts. The first pa rt shall
contain a list of interdicted persons, the second part shall contain a list of
incapacitated persons and the third part shall contain a list o f persons in
respect of whom a certificate of lack of mental capacity has be en issued
in accordance with the Mental Health Act . Each part of the register
shall be held in alphabetical order.
(4) The registrar shall enter i n the register the name, the
surname, the parents’ name, an d surname at birth and after
marriage of the parents, the place of birth, place of residence and a
reference to a legally valid ide ntification document number of the
person interdicted or incapacitated and the date and summary of the
decree of interdictio n or incapacitation:
Provided that from the register there shall be excluded
cases:
(a) where more than eighty years have elapsed since the
date of the decree;
(b) where the person would have reached the age of one
hundred and ten years;
(c) where the decree has been revoked in terms of article
526; and
(d) where the person interdicte d or incapacitated has died.
(5) The register shall be accessible to the public under the
supervision of an officer from th e court from the premises of t he Court
of voluntary jurisdiction.
(6) Until an electronic regist er in accordance with this articl e is
established, such register may be kept in hard copy by the Regi strar
of the Court of voluntary jurisdiction who shall allow access t o the
said register during the times when the registry is open.
Title V
Amended by:
V .1864.1.
OF THE PRESENTATION AND PUBLICATION OF SECRET WILLS
Presentation of
secret wills.
Receipt.
Amended by:
V .1864.1;
VI.1880.24.
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.