Civil Code (Cap. 16)
Civil Code (Cap. 16), article 912
912. (1) Where any of the co-heirs has, under an onerous title,
assigned his rights over the inh eritance to any person, not bei ng a
co-heir, the other co-heirs or any of them may, even if the ass ignee
is a relation of the deceased, exclude him from the partition b y
reimbursing to him the price of the assignment, the expenses
incurred on the occasion of such assignment, and the interest o n the
price as from the day on which such price shall have been paid to
the assignor.
(2) The right competent to the co -heirs as aforesaid shall lapse
at the expiration of one month from the day on which notice of the
assignment shall have been given to the co -heirs, unless within that
time they shall have declared the ir intention to exercise such right.
(3) Where any of the co-heirs sha ll have exercised such right,
the other co-heirs may avail the mselves thereof, provided they shall
declare their intention to do so within fifteen days from the n otice
CIVIL CODE [CAP. 16. 213
given to them.
(4) Any such notice or declaratio n shall be given or made by
means of a judicial act.
§ IV .OF COLLATION
Children or
descendants are
bound to collate in
favour of other
children or
descendants.
Amended by:
XVIII.2004.95.
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.