Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 945
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 (1) Where a deposit is withdrawn, wholly or in part,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.
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.