Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 634

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634. (1) A person against whom any paper apparently signed by him is produced, is bound to declare positively whether the writing or signature is his own or not, and in default of such declaration, such writing or signature shall, until the contrar y is proved, be deemed to be his own. (2) Any signature or mark attested by an advocate, a notary or a legal procurator shall, unless th e contrary is proved, be deeme d to be genuine if in the attestation it is declared by the advocate or notary or legal procurator that such signature or mark was subscribed or set in his presence and, where the person cannot sign his name, in the presence of two witnesses whose signature appe ars on the act, and that h e has personally ascertained the identity of the persons setting such signature or mark. Cap. 16. (3) For the purposes of article 1233(1)( g) of the Civil Code , any signature or mark attested by a parish priest in the manner provided in sub-article (2) shal l also, unless the contrary is proved, be deemed to be genuine. CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 181 Modes of proving handwriting.

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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.