Правовая библиотека и анализ дел · Австрия · Бельгия · Европейский союз
LAWxPERT Вход Бесплатная учётная запись

Cap. 331 · Trusts And Trustees Act (Cap. 331)

Cap. 331 ст. 8Jurisdiction of the Maltese courts.

ДействуетОфициальный текст

(1) The Courts of Malta shall have jurisdiction where -

(a) the trust is a Maltese trust; or

(b) the trustee is resident in Malta or is a trustee authorised by the Authority, or is otherwise constituted in terms of Maltese law; or

(c) any trust property is situated in Malta; or

(d) administration of any trust property is carried on in Malta.

(2) Notwithstanding the provisions of the Code of Organization and Civil Procedure, when the trust instrument contains a provision granting jurisdiction to the courts of the country the law of which expressly governs the trust, the Courts in Malta shall, on demand of any party to the proceedings, provided it is made in limine litis, stay proceedings which may be instituted in Malta in favour of the chosen forum: Provided that the court may in any case issue such interim orders for the protection of any interested party as it considers appropriate, and provided further that the court shall enjoy a discretion on whether to stay the proceedings if the trust property consists of immovable property in Malta or the settlor or the beneficiaries are domiciled and resident in Malta.

(3) Subject to the above, the provisions of Sub-title III of Title II of Book Third of the Code of Organization and Civil Procedure (Of Pleas to the Jurisdiction) shall apply.