Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 855

Official PDF on legislation.mt

855. (1) A precautionary warrant of arrest of any sea-going vessel having a length exceeding ten metres may solely be issue d to secure a debt or claims, whether in personam or in rem , which could be frustrated by the departure of the said ship, and no o ther warrant may be issued against a sea-going vessel, with the exce ption of a warrant of ejectment or expulsion, unless it is a warrant of arrest, and whether such vessel is a t sea or at some other place: Cap. 16. Provided that a precautionary warrant of arrest may also be issued by the Court in the circu mstances provided for under art icle 1526(5) of the Civil Code to secure, in the event of a default, the rights of lessor against a lessee and the provisions of this title sha ll also apply to such warrants of arrest, mutatis mutandis : Cap. 16. Provided further that for the purposes of article 843, the less or shall be obliged to file the app lication pursuant to article 15 26(5) of the Civil Code within twenty (2 0) days from the warrant of arre st. (2) The provisions of article 843 shall apply to the warrant. Warrant to have effect both to seize and to attach the vessel. Revoked by: XIV .2006.99. Added by: XIV .2006.100. Re-numbered by: VII.2007.34. Amended by: XXXI.2019.9.

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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.