Civil Code (Cap. 16)
Civil Code (Cap. 16), article 298
298. (1) If after the disappearance of a person a magisterial
enquiry is held and the enquiring magistrate is of the opinion that,
taking all the circumstances of the disappearance into consideration
the conclusion is that the person is probably dead, then a copy of
the procès-verbal shall be transmitted by the enquiring magistrate
to the officer charged with the drawing up of the act of death and
such officer shall, within two days from the receipt of the copy of
the procès-verbal, draw up according to Form G in Part II of the
First Schedule to this Code a provisional act of death of the person
whose disappearance has been established by the procès-verbal.
The same officer shall, within two days from the drawing up of the
said provisional act of death, deliver the same to the Director for
registration.
(2) The provisional act of death shall become final after the
lapse of one year from the date of registration.
(3) For the purposes of this article the enquiring magistrate
shall indicate in the procès-verbal all the particulars mentioned in
paragraphs (a), (b), (c) and (d) of article 301 and the probable time,
date and place of the disappearance of the person concerned.
Certificate of
absent person
presumed dead.
Added by:
LIV.1974.8.
Amended by:
LVIII.1974.68;
XIII.2007.13;
XXV.2019.26.
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.