Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 864

Official PDF on legislation.mt

864. The court may order the sale of an arrested ship or vessel pendente lite if it appears to the court upon the application of a creditor that the debtor is insolvent or otherwise unlikely to be able to continue trading and maintaining the asset. In reaching its conclusion the court shall consider all the circumstances conne cted therewith, including the nature of the plaintiff’s claim, the d efence raised against such claim, if any, and such other steps which t he debtor has taken to secure the claim, or otherwise to preserve the asset. Joint and several liability. Revoked by: XIV .2006.99. Added by: XIV .2006.100. Re-numbered by: VII.2007.34.

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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.