Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 876

Official PDF on legislation.mt

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.

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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.