ACT No. VII of 1985 AN A CT furtilt!f fO IIIl11md the Civil Code, Cup. 1J.

[ assent.

A OA TIiA B fUUlAltA

Presidrnt

261h April, t98S

ACT No. VII of 1985

AN A CT furtilt!f fO IIIl11md the Civil Code, Cup. 1J.

BE IT ENACfED by the PresideD I. by and with Ihe advice and

consent of the House of Repte$enlali\leS, in this present Paniament

aucmblcd, and by the authority of the same, as follows:-

I. This Act may be !;lled u the Civil Code (Amendment) Act.

1985, and shall be R'ad and construed as one with the Civil Code, here-

inafter referred to as "[he principal Jaw",

Section 3 lS of the prillCipallaw shall be amended as foll~r.

subsoc1ion ( 3 ) thereof shall be deleted;

(I )

(b)

subsection (2) thereof shall be amended as follow,

m the present provision shall be renumbered sub-

section (3); aDd

(iij for the w0rd5 " I n any web cue" then: shall be IUb-

st ituted the words "'n any case referred to in sub.cctions (\)

and (2) of this section"; and

(c) immediately after lIIbsection (I) thereof there shall be

added the following new subsection

"(2) In the case of aD illegitimate chikl notice of whose

birth has not been given. aDd IlK: mo(ber and her parents are

dead or eannot be found, notice of !he birth may al any tim<

be: given \0 the said officer by any person bouDd to give ludt

nOlice as llerelor~. or by any person having an

in terest or by IIle <;hild or its lawful representative

:r.nd the said officer shall mate :r. report then:on

to one of the ViJiton of nOlarial acts who shall cause a

DOIi<;e iD the Form C in Part II of the Schedule to this Code

to be published in the Gazette. <;alling upon any party interest.

ed 10 declare. within fifteen days from the publication of that

notice. by means of a note. that he desires to eonleSt such

registration. and on the e~piration of such period and after

exa mining on oath any person whom he belie,'es to be able

to give COIT«t infonnation. whether Juch pellOD shall have

filed a DOle or otherwise. a nd following IIIe eumiiUltlon of any

doI;;umenlAry evidence tbat may be produced. sbal1. if utis-

fied thal the maternity of the child has bftn established. order

tbat tbe name and surname of tbe mOlhe r. together with such

other paniculars as are required under the provisions of the

foregoing sections. be entered in the act of binh. and thal the

depositions taken be delivered. in original. to the Director

together wi lh the act. ...

,o, _ _ of

Section 2120 of the principal law shall be amended as follows

oecclooo lt10 01

(a) in rubscction (2) thereof immediately after the words " in ,,,- priftcipol

•••

respect of the genera l hypotbec" there shall be inserted the words

"and In the case of debtors rewlting from a public deed by means

of I note signed by Iny notary public"; and

fb) immediately after subsection (2) thereof there shall be

nd ded the following new subsection

"(3) When: the immovahle property of the debtor over

which is to be registered the special hypoih«: refen-ed to in

SUbsecdOll (I) of th is 5CJctioo is situated In an area declared

\0 be a land reSiMration area in accordance with the Land

Regisll1ltion Act. 1981. or is otherwise registered in ruxoro- MO XXXV

aoce with the provisiOlls of that Act the right conferred by of 1Nl

ntbsectiOll (1) of this II« tiOll shall be e.ten;:isab le by t~ regis-

II1llioo in accordance with that Act. of a thargc or a caution·

ary charge as the case may be,".

Immediately after Fonn B of Part JJ of the Schedule to the ....--ft'of

part It of

pl'incipal law there lihaU be added the following new Fonn C

tboSe1>ed1lk

.~

priIIdpoJ .....

" F O RM

C

(Section ) 1.5)

Registry 0( the Coon 01 Revilioo of

Nolarial Acl$

19 ..... .

WlKreas AB has given notice of his birth /the birth of C D.

a child whose mOl:hcr and maternal grandparenlS Ii'll

deadJcannOI be found. claiming Ihal he/the said CD was born on

...... ............ .. .... .. ..... .. al ......... .... .. . ....... .. .... . and that his

mother is ........ ... .. .... . .... ..... ... • daughter of .. ...... .............. . .

born at ..... .... ... ... ............. . .... 011 . . .. ...... . ............ ........ ..

Whoever may have an interest to oppose !ruCb regislmtiOll. it

bereby called upon 10 do so, by means of a note filed in the above-

mentioned Registry wilhin fifleen days from the dale of publica-

tion of this notice.

Anybody wbo within the aforesaid lime shaD ha ve fiJcd luch

note, shall be notified of the 00)' appointed for hearing by the

uD<lersigncd Visitor who shall hear on oath cvt:ry pclXln in poll($-

lion of information OD the matlC'!".

By order of the Court

E.F,

Vi~i !or of Notarial At ... ",

Passed by the House of Reprcsentati\'e5 at Silting No, 245 of the 22nd April. 19&5,

DANIEL M ICALLEF

S~Dke,

C. M<mm

Cleric to Ihe H fJuse of Repr~5eflIQlh'u

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