Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 905
905. In the absence of any special p rovisions to the contrary in
regard to security, the followi ng rules shall be observed:
(a) the Government of Malta i s exempt from giving any
security whatsoever pr escribed or required;
(b) churches or other pious institutions or bodies corporate
may, in matters in which the y are concerned, and after
having obtained the requisite authority, give a
hypothecary security affec ting property belonging to
them, in lieu of any other security prescribed or
required;
(c) in the case of a deposit rep resenting the proceeds of a
sale of immovable property, the person applying for
the withdrawal of such deposit may be allowed to give
a hypothecary security on his own property, if he
252 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE
s h o w s t o t h e f u l l s a t i s f a c t i o n o f t h e c o u r t , i n
proceedings taken against the party in whose favour
the security is prescribed o r required, that he possesses
sufficient immovable property, situate in Malta, to
safeguard the interest to be secured; the costs of such
proceedings shall be borne by the plaintiff, saving his
right, if any, to recover them from any person liable
therefor;
(d) if a surety after being accepted becomes insolvent,
another shall be produced;
(e) (i) the surety shall enter into a bail-bond in the
registry of the competent court;
(ii) a bail-bond shall also be entered into by the
principal debtor where he is required expressly
to bind himself, even in the case of a juratory
caution or a hypothecary security;
(iii) in either case the obligation on the bond may be
enforced by personal arrest;
(f) it shall be lawful for the su rety, at any time, to release
himself from his obligation, by substituting another
sufficient security;
(g) any person interested may cause the said obligations,
as well as the hypothecary security referred to in
paragraphs ( b) and ( c), to be registered in the Public
Registry.
Title IX
OF DISCONTINUANCE
Withdrawal of acts.
Amended by:
XXVII.1979.20;
XXIV .1995.328.
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.