Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 745
745. In regard to the jurisdiction as between the several courts
of Malta, by reason of the presum ed residence of parties, absen t or
under any legal disability, or of any body corporate or other b ody
having a distinct legal personality, unless for other reasons t he
action be within the exclusive ju risdiction of one of the said courts,
the following rules shall be observed:
(a) citizens of Malta and all other persons domiciled in
Malta, who are absent therefrom, shall be presumed to
be resident in their las t place of abode in Malta;
(b) any other person, not domiciled in Malta, shall, in the
cases referred to in article 742(1)( c) and ( f), be
presumed to be resident in the place in which the
property is situate or exists, notwithstanding that the
action be not, for such reason, within the exclusive
jurisdiction of the court of the aforesaid place;
(c) a m i n o r s u b j e c t t o p a r e n t a l a u t h o r i t y i s p r e s u m e d t o
reside in the place in which the parent exercising that
authority resides;
(d) any person under the care of a tutor or curator is
presumed to reside in the place in which the tutor or
curator or any one of the tutors or curators resides;
(e) any body corporate or other body having a distinct
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 207
legal personality, is presumed to have its residence in
the place in which any one of the representatives of
such body or person resides;
(f) any person represented by an attorney or agent in
Malta, or who is allowed to sue and to be sued in the
person of his attorney or agent, is presumed to be
resident in the place in which the attorney or agent or
any one of the attorneys or agents, if more than one,
resides, if the action is brought against such attorney
or agent;
(g) in regard to a vacant inheritance, the competent court
shall be that of the last pl ace of abode of the deceased,
where such place is known; where such place is not
known, the competent court shall be that of the place
in which the property is situate or exists, or if there is
no property, the court of the place in which the
plaintiff resides.
Plea to jurisdiction
based on value of
thing in issue.
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