Civil Code (Cap. 16)

Civil Code (Cap. 16), article 223

Official PDF on legislation.mt

223. If the absence has continued for a period of six years since provisional possession has been gr anted, or if an application m ade by the testamentary heirs or the heirs-at-law of the absentee b efore the court of voluntary jurisdiction of the island in which the absentee last resided against cur ators appointed by the said co urt such absence has been declared by a decree to have subsisted fo r a period of ten continuous years from the day the absentee was la st heard of, the court of voluntary jurisdiction shall, upon the d emand of the parties interested, awa rd a decree, granting absolute possession of the property and the absolute exercise of the rig hts depending upon the death of the absentee, discharging the securities and directing any other caution which may have been imposed if any, to cease: Provided that if the absent person is a minor, the period of 90 [CAP. 16. CIVIL CODE absence established under this article shall run from the day s uch person would have attained majority. Cases where absolute possession takes place. Amended by: LIV .1974.7

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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.