Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 865B
865B. (1) The warrant of arrest shal l have the effect to seize the
aircraft from the debtor and also to attach the same in the han ds of
the authority where the property is, and also to order that the said
authority shall not release such aircraft or allow the debtor t o divest
himself in any way from the same in whole or in part or to give or
surrender to any person any rights on the same.
(2) The warrant is executed for all effects of the law when
notice is served on the executive officer of the authority whic h has
the aircraft in its hands or under its power or control.
(3) A copy of the warrant of arrest shall also be served on the
person whose aircraft is arrested or the aircraft commander or other
person in charge of the aircraft or the agent of such aircraft.
(4) Notwithstanding the provisions of sub-article (1), where
aircraft engines are not owned by the owner of the aircraft, th e
effect of the warrant of arrest applies to the engine only to t he
extent that the application for the warrant of arrest expressly states
that the warrant is also intended to operate in relation to the engine
and in all other cases it shall be presumed that if the engines are not
owned by the owner of the aircraft, the warrant is not intended to
extend to the engines and the Authority for Transport or the Co urt
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 241
shall act on such presumption if petitioned by the owner of the
engines who also provides satisfactory evidence of his title to the
engines.
In this sub-article the term "owner" of an engine shall include
any mortgagee or holder of any international interest or other
security interest over the engine.
The authority in
charge of the
aircraft to be
considered official
consignee.
Added by:
VIII.2010.61.
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.