Civil Code (Cap. 16)

Civil Code (Cap. 16), article 253

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253. (1) It shall be lawful for any person to bring an action for the correction or cancellation o f any registration, or for the registration of any act which the Director, with the approval o f the retired Judge or retired Magist rate or retired advocate of the Court of Revision of Notarial Acts, shall have refused to receive. (2) It shall be lawful for any person to bring an action for the registration of the name or names , which name or names the pers on shall have used or shall have been used for him by his family, and which shall be declared by the court as being the name or names by which the person has been consis tently called, or an entry in t he Adoption Persons Register as the name or names given to the chi ld and the name or names by whic h the child is to be called: Provided that the judicial demand mentioned in this sub-article shall not be allowed when the name or names that the person sha ll have used or shall have been us ed for him by his family, are on ly a *this sub-article is not yet in force. CIVIL CODE [CAP. 16. 97 shortened version or an abbreviation of the name or names appea ring on the relative act of birth. (2A) Where, in the circumstances mentioned in the provisions of sub-article (2), the name or nam es that the person shall have u sed or shall have been used for him by his family are not necessarily a different name or names but a translated version in another Eur opean language of the same name or names that are registered in the a ct of birth, and the use of that translated name or names result from another act of civil status of such person or from a Maltese legally va lid identification document or passport that has been issued to him before the 31 December 2011, the Director of Public Registry, upon a w ritten request which has to be sustained by a sworn declaration made b y the person concerned, may after he is satisfied with the correctnes s and veracity of such request and sworn declaration, proceed by inse rting an annotation that reflects such change of name or names in the ac ts of civil status that c oncerns such person. (3) The action mentioned in sub-article (2) shall include a request that the change effected in the act of birth through th e registration mentioned in this s ub-article be reflected in ever y act of civil status relative to the same person and, where any, to the children and further descendants of such person; which acts sha ll be indicated in the request by th e relative number and year the reof. (4) Any action shall be brought by way of sworn application before the competent court against the Director. Cap. 12. (5) In any such action, the declaration referred to in sub- articles (4) and (5) of article 158 of the Code of Organization and Civil Procedure may also be confirmed on oath by any officer referred to in sub-article (1) or in sub-article (4) of article 306. Notice to interested parties. Amended by: XXXI.1965.8; XIII.2007.13.

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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.