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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 253Correction or cancellation of registrations.

Sub-title I

In forceOfficial text

(1) It shall be lawful for any person to bring an action for the correction or cancellation of any registration, or for the registration of any act which the Director, with the approval of the retired Judge or retired Magistrate or retired advocate of the Court of

Revision of Notarial Acts, shall have refused to receive.

(2) It shall be lawful for any person to bring an action for the registration of the name or names, which name or names the person shall have used or shall have been used for him by his family, and which shall be declared by the court as being the name or names by which the person has been consistently called, or an entry in the

Adoption Persons Register as the name or names given to the child and the name or names by which the child is to be called: Provided that the judicial demand mentioned in this sub-article shall not be allowed when the name or names that the person shall have used or shall have been used for him by his family, are only a

*this sub-article is not yet in force. shortened version or an abbreviation of the name or names appearing on the relative act of birth.

(2A) Where, in the circumstances mentioned in the provisions of sub-article (2), the name or names that the person shall have used or shall have been used for him by his family are not necessarily a different name or names but a translated version in another European language of the same name or names that are registered in the act of birth, and the use of that translated name or names result from another act of civil status of such person or from a Maltese legally valid identification document or passport that has been issued to him before the 31 December 2011, the Director of Public Registry, upon a written request which has to be sustained by a sworn declaration made by the person concerned, may after he is satisfied with the correctness and veracity of such request and sworn declaration, proceed by inserting an annotation that reflects such change of name or names in the acts of civil status that concerns such person.

(3) The action mentioned in sub-article (2) shall include a request that the change effected in the act of birth through the registration mentioned in this sub-article be reflected in every act of civil status relative to the same person and, where any, to the children and further descendants of such person; which acts shall be indicated in the request by the relative number and year thereof.

(4) Any action shall be brought by way of sworn application before the competent court against the Director.

(5) In any such action, the declaration referred to in sub-articles (4) and (5) of article 158 of the Code of Organization and Civil Procedure may also be confirmed on oath by any officer referred to in sub-article (1) or in sub-article (4) of article 306.

Amendment history
  • Amended by XXIII.2017.52