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The Civil Code (Amendment) Act (Act No. Viii Of 2007)

ACT No. VIII of 2007

AN ACT to amend the Civil Code, Cap. 16.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:

1. (1) The short title of this Act is the Civil Code (Amendment) Act, 2007, and it shall be read and construed as one with the Civil Code, hereinafter referred to as "the Code".

(2) This Act shall come into force on such date as the Minister responsible for justice may by notice in the Gazette appoint, and different dates may be so appointed for different purposes and for different provisions of this Act.

2. Immediately after article 57 of the Code there shall be added the following new article:

Short title and commencement.

Cap. 16.

Addition of new article to the Code.

"Liquidation of the community of acquests referred to the Arbitration Centre.

57A. Notwithstanding the foregoing provisions of this Sub-Title, the Court may choose that in its judgment it limits its decision and instead of deciding on the liquidation of the community of acquests subject to a declaration of dissolution, refer the same to be d ecided by the Malta Arbitration Centre.".
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Substitution of article 59 of the Code.

Amendment of article 70 of the Code.

Amendment of article 251 of the Code.

Amendment of article 272 of the Code.

Amendment of article 275 of the Code.

3. Article 59 of the Code shall be substituted by the following new article:

"59. (1) Personal separation may, subject to the authority of the court by means of a decree in accordance with article 35, be effected by mutual consent of the spouses, by means of a public deed.
(2) The court shall, before giving its authority, admonish the parties as to the consequences of the separation, shall endeavour to reconcile them, and may revoke, modify or add those conditions it may deem fit.".

4. Immediately after subarticle (3) of article 70 of the Code, there shall be added the following new subarticle:

"(4) With regard to a child born before the 1st December,
1993, the husband may also repudiate the child conceived during wedlock for the reasons listed in subarticle (1), as these were in force after that date, if the cause for the repudiation of the child is presented in court not later than the 31st December, 2008.".

5. Immediately after the proviso to subarticle (3) of article

251 of the Code, there shall be added the following new proviso:
''Provided further that in any copy or extract of any act of civil status registered before the 1st September, 2006 -
(a) the term ''single'', as relating to the status of the mother, shall not be stated;
(b) any reference to the divorce or the annulment relating to the marriage of the mother shall not be stated;
(c) where the child is born in wedlock, an indication of the marriage to the husband shall be stated in the act of civil status next to the name and surname of the mother by using the words ''wife of the said''.''.

6. In article 272 of the Code, for the words ''duty of the father, and in default of the father, of the physician,'' there shall be substituted the words ''duty of the father and the mother, and in default of both, of the physician,''.

7. In article 275 of the Code, and in the marginal note thereto, immediately after the words ''the father'' there shall be added the words ''or the mother''.

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8. Article 276 of the Code shall be substituted by the following new article:

''276. Where notice of the birth is given by any person other than the father or the mother of the child, or where such notice is given by the parents or any other person by means of a letter, the said officer shall, within the three next following days, require the father or the mother of the child, or both, to attend at his office to make the declaration respecting the said particulars.''.

9. In article 277 of the Code, and in the marginal note thereto, immediately after the word ''father'', wherever it occurs, there shall be added the words ''or mother''.

10. Article 278 of the Code shall be amended as follows:

(a) in paragraph (d) thereof, immediately after the words ''is to be called'', there shall be added the words ''and the surname of the child''; and
(b) for the proviso to paragraph (e) thereof, there shall be substituted the following new proviso:
''Provided that:
(i) where the child is born in wedlock, an indication of the marriage to the husband shall be stated in the act of birth next to the name and surname of the mother by using the words ''wife of the said'';
(ii) in the case where the mother has obtained a legal separation more than three hundred days preceding the day of the birth of the child, such fact shall be stated by way of annotation on the act of birth of the said child; and
(iii) in the case where the provisions of article
280(2) apply, reference to such applicability shall be stated by way of annotation in the act of birth of the said child.''.

11. In subarticle (1) of article 279 of the Code, immediately after the words "of such child" there shall be added the words "and the mother’s status shall not be declared or in any other manner indicated".

12. In article 292A of the Code, immediately after the words

''Name or names by which the child is to be called'', there shall be added the words ''and Surname''.

Substitution of article 276 of the Code.

Amendment of article 277 of the Code.

Amendment of article 278 of the Code.

Amendment of article 279 of the Code.

Amendment of article 292A of the Code.

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Addition of new articles to the Code.

13. Immediately after article 1028 of the Code there shall be added the following new articles:

"Enrichment to the detriment

of others.

Actio de in rem

verso.

Where the

actio de in rem

verso may not

be exercised.

1028A. (1) Whosoever, without a just cause, enriches himself to the detriment of others shall, to the limits of such enrichment, reimburse and compensate any patrimonial loss which such other person may have suffered.
(2) If the enrichment constituted a determinate object, the recipient is bound to return the object in kind, if such object is still in existence at the time of the claim.
1028B. The actio de in rem verso may not be exercised where the person who suffers the loss may take another action to make up for such loss.".

Amendment of article 1203 of the Code.

14. Immediately after subarticle (2) of article 1203 of the

Code, there shall be added the following new proviso:
"Provided that nothing in this article shall prohibit a set-off of a credit arising in the course of the granting of facilities referred to

Cap. 12.

in article 381(1)(f), (g) and (h) of the Code of
Organization and Civil Procedure.".

Substitution of article 2002 of the Code.

Substitution of article 2008 of the Code.

15. Article 2002 of the Code shall be substituted by the following new article:

"2002. (1) Special privileges over movables, except those specified under subarticle (2), and general privileges as referred to in article 2003, cease to exist if the property passes into the hands of a third party.
(2) Special privileges over immovables and those movables which the Minister shall, from time to time, establish shall continue to attach to such immovables or movables whatever transfers to other persons take place.".

16. Article 2008 of the Code shall be substituted by the following new article:

"2008. The supplies and provisions which are privileged include all objects that are necessary for the support of the debtor and his family, and which shall, for all intents and purposes of law, not exceed the sum of one thousand five hundred liri or such other amount as the Minister responsible for justice may from time to time prescribe:
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Provided that in the case of a widow or a widower or of their dependants, the sum shall be two thousand five hundred liri or such other amount as the Minister responsible for justice may from time to time prescribe.".

17. In article 2012 of the Code, subarticle (1) shall be deleted and substituted by the following new subarticle:

"(1) A hypothec is general or special: it is general when it affects all the property present and future of the debtor; it is special when it affects only one or more:
(a) particular immovables of the following kind: (i) things which are immovable by their
nature, and products of such immovables so long as
they are not separated thereform;
(ii) the right of usufruct over the said immovables, during the continuance of such right;
(iii) the dominium directum over the said immovables given on emphyteusis, and the dominium utile over such immovables; and
(b) particular movables as the Minister may, from time to time, establish.".

18. In article 2013 of the Code, subarticle (1) shall be deleted and substituted by the following new subarticle:

"(1) A special hypothec continues to attach to any immovables charged therewith as defined in article 2012(1)(a) and movables charged therewith under subarticle (1)(b) of the said article into whosoever’s possession such immovable or movable may pass.".

19. In subarticle (1) of article 2016 of the Code, immediately after the word "immovable" there shall be inserted the words “and movable”.

20. In subarticle (2) of article 2028 of the Code, immediately after the word "immovables" there shall be inserted the words "and movables".

21. Article 2029 of the Code shall be substituted by the following new article:

''2029. Special privileges over immovables and over those

Amendment of article 2012 of the Code.

Amendment of article 2013 of the Code.

Amendment of article 2016 of the Code.

Amendment of article 2028 of the Code.

Substitution of article 2029 of the Code.

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Substitution of article 2032 of the Code.

Amendment of article 2042 of the Code.

Amendment of article 2048 of the Code.

Amendment of article 2149 of the Code.

Amendment of article 2156 of the Code.

Amendment of Form C in the Schedule to the Code.

Amendment of article 199 of the Code of Organization and Civil Procedure.

Cap. 12.

movables as specified in articles 2002(2) and 2012(1)(b) are ineffectual unless they are registered in the Public Registry within the time of two months.''.

22. Article 2032 of the Code shall be substituted by the following new article:

''2032. Except for those special privileges specified in articles 2002(2) and 2012(1)(b), general privileges and special privileges over movables are not subject to registration.''.

23. In paragraph (h) of article 2042 of the Code, for the words "immovable charged" there shall be substituted the words "immovable and movable charged".

24. In article 2048 of the Code, for the words "the immovables are" there shall be substituted the words "the immovables and movables are".

25. In article 2149 of the Code, paragraph (e) shall be deleted.

26. In article 2156 of the Code, the following new paragraph shall be added immediately after paragraph (f) thereof:

''(g) except as provided for in any special law, actions of the Government of Malta for the payment of judicial fees, customs or other dues.''.

27. Form C in Part II of the Schedule to the Code shall be amended as follows:

(a) in the last column thereto, for the words ''Name or names by which the child is to be called'', there shall be substituted the words ''Name or names by which the child is to be called and Surname''; and
(b) in the column entitled ''Name and Surname'', the words ''(1)'', ''(2)'' and ''(3)'' shall be deleted, and their corresponding footnotes after the words ''Officer in Charge'' shall be deleted.

28. Article 199 of the Code of Organization and Civil

Procedure shall be amended as follows:
(a) in subarticle (1) thereof, immediately after the words ''is called on three times'' there shall be added the words
''in two consecutive hearings held on different days'';
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(b) in subarticle (3) thereof, for the words ''within ten days'' there shall be substituted the words ''within three months''; and
(c) immediately after subarticle (3) thereof there shall be added the following new subarticle:
''(4) The provisions of this article shall not apply when a cause is awaiting the outcome of another cause.''.

29. Article 963 of the Code of Organization and Civil

Procedure shall be amended as follows:
(a) in subarticle (1) thereof, for the words ''Saving the provisions of articles 416 and 420,'' there shall be substituted the words ''Saving the provisions of subarticle (3) and of articles
416 and 420,'';
(b) subarticle (3) thereof shall be substituted by the following new subarticle:
''(3) If, even where the peremptory times referred to in subarticle (1) shall have lapsed, it is found that the written pleadings in any cause are not closed, the court shall once only give such orders which it may deem fit so that such pleadings may be closed as soon as possible in order to avoid that such cause be deserted by reason of some failure to notify or by reason of the failure of performance of a procedure or formality.'';
(c) immediately after subarticle (3) thereof there shall be added the following new subarticle:
''(3A) The desertion of a cause shall be declared by means of a decree delivered in open court if, after the orders referred to in subarticle (3) shall have been given, the written pleadings are not closed.''; and
(d) in subarticle (5) thereof, immediately after the words ''are not closed'' there shall be added the words '', in spite of the orders given by the Court in accordance with subarticle (3),''.

30. (1) Immediately after subarticle (9) of article 15 of the

Development Planning Act, there shall be added the following new

Amendment of article 963 of the Code of Organization and Civil Procedure.

Cap. 12.

Amendment of the Development Planning Act. Cap. 356.

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subarticle:

Cap. 12.

''(10) Appeals to the Court of Appeal from de cisi ons of t h e Board a s pr ovide d in subarticle (1) shall be made within fifteen days from the day the deci sion is delivered in public; and such appeals shall be regulated by rules of court made under article 29 of the Code of Organisation and Civil Procedure.''.

Transitory provision. Cap. 12.

(2) The provisions of subarticle (1) of this article shall, for all effects and purposes of law, be deemed to have been in force as from the 28 October 1992 onwards.

31. The provisions of articles 199 and 963 of the Code of Organization and Civil Procedure, as amended by articles 28 and 29 of this Act, shall apply to all causes which will be pending and which will not have been declared deserted or cancelled on the date of the coming into force of the said articles 28 and 29 of this Act which amend the said articles 199 and 963 of the Code of Organization and Civil Procedure.

Passed by the House of Representatives at Sitting No. 540 of the
19th June, 2007.
ANTON TABONE

Speaker

RICHARD J. CAUCHI

Clerk to the House of Representatives