Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 838B

Official PDF on legislation.mt

838B. (1) Unless rescinded by the court or withdrawn by the party suing out the wa rrant, all precautiona ry warrants shall r emain in force for a period of fifteen days after the cause becomes res judicata . (2) Notwithstanding the provisions of sub-article (1), precautionary warrants issued under article 830(1) become executive warrants after that the cause becomes res judicata or when in accordance with article 1 66B, article 253(e) and articl e 466, such judicial letter, bill of exc hange or promissory note const itutes an executive title, so however that: (a) in the case of a warrant issued under article 830(1)(b), (c), (d) and (f), the creditor shall file a note within fifteen (15) days from when the executive title is obtained in the acts of the same warrant and demand an extension or reduction of the effects of the warrant to an amount equivalent to the legal costs, interest and the principal amount due in terms of the executive title obtained, and such note is to be served upon the debtor and such persons as may have any interest therein; (b) in the case of a warrant issued under article 830(1)( a) and ( e), the creditor shall file an application under the provisions of article 388E within fifteen days from the cause becoming res judicata . Sub-title I OF THE WARRANT OF DESCRIPTION CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 231 Object of warrant.839. A warrant of description may be issued in order to secure a right over movable things, for the exercise of which the applic ant may have an interest that such movable things remain in their actual place or condition. Manner of executing warrant.

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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.