Code of Organization and Civil Procedure (Cap. 12)

Code of Organization and Civil Procedure (Cap. 12), article 945

Official PDF on legislation.mt

945. (1) Where a deposit is withdrawn, wholly or in part, either on account or in full settlement of a debt due under a judgement or other public deed, the registrar shall, on the dem and and at the expense of any person interested, enter a note of su ch withdrawal in the margin of the judgment, and transmit a note thereof to the notary or other officer before whom the deed fro m which the debt arises was receive d or who is the keeper thereof . Reductions and cancellations of lawful causes of preference. (2) Where the debt referred to in sub-article (1) is secured by any one of the lawful causes of preference specified under arti cle 1996 of the Civil Code , any interested party may effect the reduction or cancellation of the relative registration in the m anner provided in articles 2065 and 2066 of the aforementioned Code. The relative note shall be signed by the person requesting the reduction or cancellation of the registration or by an advocate , a notary or a leg al procurator. 268 CAP. 12.] CODE OF ORGANIZATION AND CIVIL PROCEDURE Additional pre- requisite for registration. (3) It shall be a pre-requisite for such registration that an authentic copy of the note of wi thdrawal referred to in sub-art icle (1) be annexed to the note o f reduction or cancellation. Claim touching a deposit, equivalent to garnishee order. Amended by: XV .1913.168; XXIV .1995.347; XXII.2005.72.

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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.