Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 905

Official PDF on legislation.mt

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.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.