Civil Code (Cap. 16)

Civil Code (Cap. 16), article 722

Official PDF on legislation.mt

722. (1) Where the subject of the legacy is an indeterminate thing, included in a given genus or species, the right of selec tion shall belong to the heir, who can not be compelled to deliver a thing of the best quality, but cannot offer a thing of the worst qual ity. (2) The same rule shall apply wher e the right of selection is le ft to a third party. (3) Where such third party refuses or is, in consequence of death or other impediment, unable to make the selection, such selection shall be made by the court, according to the rule lai d down in sub-article (1). Where a right of selection is left to the legatee.

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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.