Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 807

Official PDF on legislation.mt

807. (1) Where no application is made by any person to continue the suit in substitution for the deceased party, it sh all be lawful for the other party, by means of an application, to dema nd that the suit be continued in the name of the presumptive heir or heirs of the deceased party, if known. (2) Such application shall by order of the court, be served on the presumptive heir or heirs who shall have the time of one mo nth within which to declare whether he or they are prepared to cont inue the suit. (3) If no such declaration is made, then the court shall of its own motion proceed to appoint a curator ad litem to represent the interests of the deceas ed in the suit in acco rdance with articl e 809. (4) Where no person entitled to represent the deceased is 218 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE known, such application may contain only the demand for the appointment of curators to continue the suit. (5) The curator shall take all th e necessary measures to identif y and locate the presumptive heir or heirs of the deceased and wh en the presumptive heir or heirs are identified and located the cu rator shall request the court to notify him or them about the pendenc y of the case ordering him or them to declare within a specified tim e whether he or they are pre pared to continue the suit. Default of heir, etc., to continue suit not to imply renunciation of inheritance, etc. Substituted by: XXIV .1995.296.

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