Civil Code (Cap. 16)
Civil Code (Cap. 16), article 958C
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.
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.