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Maltese Laws |
AN ACT to amend various laws relating to civil matters.
Short title and commencement.
Amendments to the Civil Code. Cap. 16.
Amendment of article 1322 of the Code.
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:-
Matters) (Amendment No. 2) Act, 2008.
(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.
PART I
"(4) Any money deposited in a bank and any investment instrument, as defined in the
Cap. 370.
Second Schedule of the Investment Services
Act, to the credit of a married person may
only be withdrawn by such married person and it s hall not be enquire d whethe r such
money or investment instrument belongs to
the community of acquests or not.".
Amendment of article 2010 of the Code.
(a) for the words "The privileged creditors over immovables are" there shall be substituted the words "The privileged
creditors over immovables or movables are";
C 465
(b) in the third paragraph of paragraph (b) thereof, for the words "over the immovable of which he has been dispossessed,
for the repairs and improvements made in or on such immovable" there shall be substituted the words "over the immovable
or movable of which he has been dispossessed, for the repairs and improvements made in or on such immovable or movable"; and
(c) in the fourth paragraph of paragraph (b) thereof, for the words "for the preservation of the immovable extends to the
whole amount of the debt; in any other case, it is limited to the sum corresponding to the increase in the value of the immovable"
there shall be substituted the words "for the preservation of the immovable or movable extends to the whole amount of the debt;
in any other case, it is limited to the sum corresponding to the increase in the value of the immovable or movable".
(a) for the words "fails to surrender the immovable" there shall be substituted the words "fails to surrender
the immovable or movable";
(b) for the words "to demand judicially the sale of the immovable" there shall be substituted the words "to demand
judicially the sale of the immovable or movable"; and
(c) for the words "or to surrender the immovable" there shall be substituted the words "or to surrender
the immovable or movable".
Amendment of article 2069 of the Code.
Amendment of article 2071 of the Code.
Amendment of article 2072 of the Code.
Amendment of article 2073 of the Code.
C 466
Amendment of article 2074 of the Code.
Amendment of article 2075 of the Code.
Amendment of article 2076 of the Code.
Amendment of article 2077 of the Code.
Amendment of article 2078 of the Code.
Amendment of article 2082 of the Code.
Amendments to the Code of Organization and Civil Procedure.
Cap. 12.
(a) for the words "made in or on the tenement" there shall be substituted the words "made in or on the tenement
or movable";
(b) for the words "exceeds the actual value of the immovable" there shall be substituted the words "exceeds the
actual value of the immovable or movable";
(c) for the words "to pay the actual value of the immovable" there shall be substituted the words "to pay the actual
value of the immovable or movable"; and
(d) or the words "or to surrender the immovable" there shall be substituted the words "or to surrender the immovable
or movable".
PART II
C 467
Amendment of article 833 of the Code.
Addition of new article to the Code.
"Filing of precautionary warrants with judicial letter.
833A. Where an executive judicial letter is filed and sworn according to article 166A, there may also thereupon be sworn and filed
the precautionary warrants referred to in article 830(1)(a), (b), (c) and (e):
Provided that when such executive judicial letter is filed, the ap plicant shall file an application within twenty days from the date
of filing of a full or partial note of contestation or within sixty days from the date of the issuing of a warrant, according to
which date first occurs."
PART III
substituted the following new marginal note:
"Amendment of the Immigration Act. Cap. 217."; (b) for the words "Immediately after article 19 of the
principal Act there shall be inserted the following new article
19A", there shall be substituted the words "Immediately after subarticle (2) of article 34 of the Immigration Act there
shall be added the following new subarticles";
(c) for the figure "19A" in the article to be added, as
Amendment of article 875 of the Code.
Amendments to the Refugees (Amendment) Act, 2005.
Act XVII of
2005.
Deletion of articles 2, 5 and
6 of the principal Act.
Amendment of article 7 of the principal Act.
C 468
originally intended, there shall be substituted the figure "(3)"; and the said article shall now be added as subarticle
(3) of article 34 of the Immigration Act; and
(d) immediately after the new subarticle (3), as added by paragraph (c) hereof, there shall be added the following new subarticle:
"(4) The Minister may also make regulations to establish a body corporate or unincorporate which shall be responsible for the
accommodation in open reception centres of persons who qualify for such accommodation under the provisions of the Refugees Act, or
regulations made thereunder, and without prejudice to the generality of the aforesaid, such regulations may make provision for any
matter whatsoever concerning the functions, funding, staffing, organization and administration of such body as well as for any other
matter deemed necessary or expedient by the Minister to enable that body to carry out its functions under the regulations
and for any other purpose consequential or ancillary to the aforesaid.".
The objects of this Bill are to extend to movables, besides immovables, the provisions of the amended articles of the Civil Code, and to introduce further amendments to the Code of Organization and Civil Procedure and to the Refugees (Amendment) Act, 2005, prior to the said amending Act coming into force.
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URL: http://www.worldlii.org/mt/legis/laws/tvlmn2a2008n13504