Civil Code (Cap. 16)

Civil Code (Cap. 16), article 958C

Official PDF on legislation.mt

958C. (1) The Civil Court (First Hall) shall be the competent court to deal with applications f or a declaration of enforceabi lity pursuant to Articles 45, 60 and 61 of the Succession Regulation . (2) In its decision on an application for a declaration of enforceability, the cou rt shall order the Re gistrar of Courts t o cause a copy of its decision to be served on the applicant pursuant t o Article 49(1) of the Succession Re gulation. The c ourt shall ind icate the manner in which such service is to take place. (3) The applicant shall serve th e decision on an application for a declaration of enf orceability on the part y or parties against whom enforcement is sought pursuant to Article 49(2) of the Successi on Regulation. Cap. 12. (4) The competent court in Malta to deal with appeals against decisions on such applications i n accordance with Article 50 of the Succession Regulation shall be the Court of Appeal as constitut ed in accordance with article 41(1) o f the Code of Organization an d Civil Procedure. (5) An appeal against a decision of the Civil Court (First Hall) on an application for a declaration of enforceability in accord ance with Article 50 of the Successi on Regulation shall be made by means of an application and shall be lodged within twenty days which shall commence to run as follows: (a) in the case of an appeal by the applicant, from the date when the decision is brought to his notice in accordance with sub-article (2); and (b) in the case of an appeal by the other party, from the date when the decision is served upon such party in accordance with sub -article (3). Cap. 12.( 6 ) T h e p r o v i s i o n s o f T i t l e I V o f B o o k T h i r d o f t h e C o d e o f Organization and Civil Procedure shall apply to decisions given by the Court of Appeal on an appeal from a decision on a declarati on for enforceability. Competent authorities for the issue of a European Certificate of Succession. Added by: XVI.2015.6. Cap. 55.

Have a question about the law?

The assistant answers from the same library and names the article it relies on.

Ask Margos AI →

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.