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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 958CCompetent court.

Sub-title III

In forceOfficial text

(1) The Civil Court (First Hall) shall be the competent court to deal with applications for a declaration of enforceability pursuant to Articles 45, 60 and 61 of the Succession Regulation.

(2) In its decision on an application for a declaration of enforceability, the court shall order the Registrar of Courts to cause a copy of its decision to be served on the applicant pursuant to Article 49(1) of the Succession Regulation. The court shall indicate the manner in which such service is to take place.

(3) The applicant shall serve the decision on an application for a declaration of enforceability on the party or parties against whom enforcement is sought pursuant to Article 49(2) of the Succession Regulation.

(4) The competent court in Malta to deal with appeals against decisions on such applications in accordance with Article 50 of the Succession Regulation shall be the Court of Appeal as constituted in accordance with article 41(1) of the Code of Organization and Civil Procedure.

(5) An appeal against a decision of the Civil Court (First Hall) on an application for a declaration of enforceability in accordance with Article 50 of the Succession 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).

(6) The provisions of Title IV of Book Third of the Code of

Organization and Civil Procedure shall apply to decisions given by the Court of Appeal on an appeal from a decision on a declaration for enforceability.

Amendment history
  • Amended by XVI.2015.6