Civil Code (Cap. 16)
Civil Code (Cap. 16), article 211
211. When the demand by the heirs to be vested with the
provisional possession of the property, has become competent, e ven
though no such demand shall have been made by them, the
legatees, donees, and all other persons having rights on the
property of the absentee depending on his death, may, by sworn
application against th e testamentary heirs o r the heirs-at-law, as the
case may be, and the attorney or curator, if any, demand to be
allowed to exercise such rights provisionally.
Security.212. The heirs, and the persons mentioned in the last preceding
article, shall be placed in the provisional possession of the
property, or allowed to exercise their eventual rights, only on
condition of giving security in an amount to be fixed by the court,
in terms of article 352.
Other caution in
default of security.
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.