Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 876
876. (1) Where a spouse has brought or intends to bring before
the Civil Court, a suit for personal separation, the spouse may
request such court to issue a warrant of prohibitory injunction:
(a) against the other spouse restraining such other spouse
from selling, alienating, transferring or disposing inter
vivos whether by onerous or gratuitous title any
shareholding in any commercial partnership if such
shareholding is comprised in the community of
acquests; or
(b) against any commercial partnership in which the other
spouse has a majority shareholding which pertains to
the community of acquests from selling, alienating,
transferring or otherwise disposing by onerous or
gratuitous title, any immovable property or rights
annexed thereto owned by that commercial
partnership; or
(c) against the other spouse from contracting any debt or
suretyship which is a charge on the community of
acquests.
(2) The demand referred to in sub-article (1) may be made at
any time after filing the application before the Civil Court, and
until final judgement has been given in any such action for
separation or divorce. The demand may also be made where it is the
other spouse who has made the said application.
(3) A warrant issued under this article shall not apply to the
constitution of any right on, or alienation or transfer of any
property made pursuant to any court order.
(4) When the warrant is duly served, any obligation referred to
in sub-article (1)(c) contracted after such service by the spouse
against whom the warrant is issued in favour of the person served
with the warrant shall be void and of no effect, and this without
prejudice to any liability for contempt of court under this Code.
(5) The spouse against whom the warrant is issued as well as
any partnership referred to in the warrant and any person showing
an interest may at any time by application request the court to
revoke or vary the warrant under this article.
Applicability of
certain articles.
Added by:
XIV.2006.102.
Amended by:
VII.2007.24.
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.