ACT No. XVIII of 2004 AN ACT to further amend the Civil Code, Cap. 16.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

30th December, 2004

ACT No. XVIII of 2004

AN ACT to further 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) The short title of this Act is an Act of 2004 to further Short title and

amend the Civil Code. This Act shall be read and construed as one with commencement.

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 establish,

and different dates may be so established for different provisions and

different purposes thereof.

(Article 111)

FORM Q

(Article 4 (5))

DECLARATION ON USE OF NAME

Particulars

Name

Age

Place of Birth

Name and Surname of

respecting

and

Parents and spouse and

Surname

whether living or dead

The husband

years

The wife

Particulars relating to present marriage

* No. of Act of Marriage

Date

Place of Birth

Day

Month

Year

** Particulars relating to previous marriage

Particulars respecting previous husband and date of previous marriage

Name and surname

Age

Place of Birth

Name and surname of parents whether living or dead

* No. of Act of Marriage

* No. of Act of Death

Date of Marriage

Date of Death

Day

Month

Year

Day

Month

Year

Notes>

*

Where marriage or death is not registered in the Public Registry evidence to the satisfaction of the Director

must be produced.

** To be filled only if wife opts to use surname of deceased husband.

*** Delete as necessary.

I the undersigned opt to use my maiden surname#the surname of my deceased husband ***

Signature of wife ________________________ Filed on ______________________ By _____________________________

The table entitled “Arrangment of Code” appearing Amendment to

Table entitled

immediately before article 1 of the Code shall be amended as follows>- “Arrangement of

Code”.

(a) for the words appearing in the second column therein

appearing in the second Column hereunder and the corresponding

words, where any, appearing in the first and third column thereof

appearing in the first and third Column hereunder there shall be

substituted the words, where any, appearing in the fifth, fourth

and sixth column hereunder, respectively>-

First

Second Column

Third

Fourth

Fifth Column

Sixth

Column

Column

Column

Column

Sub-title

Of the Proof of Filiation of

78-85

Sub-title

Of the Proof of Filiation of

78-85

II.

Legitimate Children

II.

Children Conceived or Born in

Wedlock

Sub-title

Of the Filiation of

86-112

Sub-title

Of the Filiation of Children

86-112

III.

Illegitimate Children and of

III.

Conceived and Born out of

Legitimation

Wedlock and of the Presumption

that a Person was Conceived or

Born in Wedlock

Sub-title

Of the Filiation

of

86-110A

Sub-title

Of the Filiation of Children

86-110A

§I

Illegitimate Children

§I

Conceived and Born out of

Wedlock

Sub-title

Of Legitimation

101-112

Sub-title

Of the Presumption that a Person

101-112

§II

§II

was Conceived or Born in

Wedlock

Sub-title

Of Acts of Birth

272-292

Sub-title

Of Acts of Birth

272-292A

II

II.

Sub-title

Of

the

Nature

of

489-495

Sub-title

Of the Nature of Community of

489-495A

I

Community of Property and

I.

Property and of the Rights of the

of the Rights of the Co-

Co-owners

during

the

owners

during

the

Community

Community

–

Of

Legitimate

and

615-630

–

Of the Reserved Portion and

615-630

Disinherison

Disinherison

–

Of the Rights of the

631-646

–

Of the Rights of the Surviving

631-646

Surviving Spouse and of

Spouse

Illegitimate Children

Sub-title

Of Regular Successions

808-816

Sub-title

Of Succession by Descendants

808-811

§I

§I

and the Surviving Spouse

Sub-title

Of Irregular Successions

817-830

Sub-title

Of Succession by Ascendants

812-815

§II

§II

and Collaterals

–

Of the Rights of the

Sub-title

Of the Rights of the Government

816<

Government

§III

(b) The words appearing in the Second Column thereof shown

hereunder and the corresponding words, whereany, appearing in first

and Third Column thereof in respect thereof shall be deleted>-

Of Succession by Legitimate Descendants

Of Succession by Legitimate Ascendants

Of Succession by Legitimate Collaterals

Of the Rights of Illegitimate Children

Over the Property of their Parents, and of Succesion of Illegitimate

Children dying without Issue

Of the Rights of the Surviving Spouse

Of Settlement of Dowry

Of the Rights of the Husband over the Dowry

Of the Inalienability of the Dowry

Of the Restitution of the Dowry

Of Dower (Dotarium).

Article 4 of the Code shall be amended as follows>

(Article 112)

FORM R

(Article 4 (6))

DECLARATION ON THE RETENTION OF USE OF FORMER HUSBAND’S

NAME

I the undersigned declare in the presence of my husband and of the hereunder-

mentioned witnesses that I understand to retain the surname of my former husband.

Details of Present Marriage

Name and Surname of Husband

Name and Maiden Surname of Wife

Place and Date of Marriage

Details of Previous Marriage

Particulars of previous marriage

Particulars respecting previous husband at date of previous marriage

Name and Surname

Age

Place of Birth

Name and Surname

of Parents and whether living or dead

* No. of Act of Marriage

* Date of Marriage

* Note> Where marriage or death is not

registered in the Public Registry

evidence to the satisfaction of the

Director must be produced.

Day

Month

Year

* No. of Act of Death

* Date of Death

Day

Month

Year

Signature of wife _____________________

Signature of Husband ____________________

Filed on ________________

Signature of Witnesses _______________ ___________________ ______________

By _________________________

Passed by the House of Representatives at Sitting No. 215 of 17th December,

2004. A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives

Amendment of

article 4 of the

Code.

(a) in subarticle (1) and (2) thereof the words “maiden

surname” shall be substituted by the words “maiden surname or the

surname of her predeceased spouse”<

(b) in subarticle (3), for the words “after which they may

add the maiden surname of the mother” there shall be substituted

the words “after which there may be added, in terms of article

292A, the maiden surname of the mother or the surname of her

predeceased husband”< and

(c) immediately after subarticle (5) thereof there shall be

inserted the following subarticle >

“(6) Where a wife intends to retain the surname of her

predeceased husband after remarriage, she shall, before re-

marriage, so declare her intention when applying for the

publication of the banns in accordance with the Marriage Act

and in lieu of the declaration in the Act of Marriage referred

to in subarticle (4) she shall subscribe to a declaration, in

Form R contained in Part II of the Schedule to the Code and

containing the particulars therein indicated, such form shall

be delivered to the Public Registry together with the Act of

Marriage and shall be signed by the spouses and countersigned

by all the other signatories in the Act of Marriage.”.

For the words “the legitimacy” in articles 76 and 77 of the Code,

there shall be substituted the words “the filiation”.

For the heading to Sub-title II to Title II of Book First of the

Code appearing before article 78 thereof, there shall be substituted the

following>

“OF THE PROOF OF FILIATION OF CHILDREN CONCEIVED

OR BORN IN WEDLOCK”.

For the words “legitimate children” in article 78 of the Code,

there shall be substituted the words “children conceived or born in

wedlock”.

In articles 79, 81 and 84 of the Code, and in the marginal note

thereto, for the words “legitimate child” wherever they occur there shall

be substituted the words “child conceived or born in wedlock”.

For the heading of Sub-title III of Title II of Book First of the

Code appearing immediatley before article 86 thereof, there shall be

substituted the heading “OF THE FILIATION OF CHILDREN

CONCEIVED AND BORN OUT OF WEDLOCK AND OF THE

PRESUMPTION THAT A PERSON WAS CONCEIVED OR BORN

IN WEDLOCK”, and in the sub-heading immediately before article 86

for the words “ILLEGITIMATE CHILDREN” there shall be substituted

the words “CHILDREN CONCEIVED AND BORN OUT OF

WEDLOCK”.

Article 86 of the Code shall be amended as follows>

(a) in the marginal note thereof for the words “illegitimate

children” there shall be substituted the words “children conceived

or born out of wedlock”<

(b) for the words “An illegitimate child”, there shall be

substituted the words “A child conceived and born out of wedlock”<

(c) immediately after the proviso thereto there shall be added

the following further proviso>

“Provided further that the acknowledgement of a child born

out of wedlock by a person claiming to be the father of the child,

made separately from the mother, shall not have effect and shall not

be registered unless the mother of such child, or her heirs if she is

dead, and the child himself if he is of age, shall have been served

with a judicial letter by any person interested stating that such person

intends to apply for the registration of such acknowledgement and

the mother or her heirs as the case may be, and the child, shall not

have within a period of two months from such service, by a note

filed in the acts of the said judicial letter, agreed to such registration,

in which case the said judicial letter and agreement note showing

agreement shall be served upon the director of the Public Registry

who shall register the said acknowledgement in the relative acts of

civil status>

Provided further that where the mother or the child where he

is of age does not as aforesaid agree to such registration, any person

interested may proceed by application before the competent court

against the person or persons who shall not have so agreed, for the

court to declare that the person making the acknowledgement is

the father of the child and to order the registration of such

acknowledgement in the relative acts of civil status.”.

Article 87 of the Code shall be amended as follows>

Amendment of

article 87

of the Code.

(a) for the words “an illegitimate child” in subarticle (1)

thereof, there shall be substituted the words “a child conceived and

born out of wedlock”< and

(b) after the words “or by both” in subarticle (2) thereof,

there shall be inserted the words “or made by a minor,”.

For article 89 of the Code, there shall be substituted the Substitution

of article 89

following>

of the Code.

89. A child conceived and born out of wedlock born to

“A child

conceived

a spouse before or during the marriage, and acknowledged

and born out

during a marriage may not be brought into the matrimonial

wedlock of a

home, except with the consent of the other spouse, unless such

spouse,

born before or other spouse has already given his or her consent to the

during a

acknowledgement.”.

marriage.

For the words “an illegitimate child” in article 90 of the Code Amendment of

and for the words “illegitimate child” in the marginal note thereto, there article

of the Code.

shall be substituted in each case the words “a child conceived and born

out of wedlock”.

For the words “the illegitimate child” in article 91 of the

Code, there shall be substituted the words “a child conceived and born

out of wedlock”.

Article 92 of the Code shall be amended as follows>

(a) for the words “An illegitimate child” in subarticle (1)

thereof there shall be substituted the words “A child conceived

and born out of wedlock” and immediately at the end of the said

subarticle there shall be added the following proviso>

“Provided that when the child born out of wedlock has

been acknowledged jointly by both the father and the mother

on the Act of Birth, the surname by which that child shall be

known shall be determined in terms of article 292A.”<

(b) for the words “An illegitimate child” in subarticle (4)

thereof, there shall be substituted the words “A child conceived and

born out of wedlock”<

(c) for the words “illegitimate child” in the marginal note

thereto, there shall be substituted the words “a child conceived and

born out of wedlock”<

(d) for the words “a natural child” in subarticle (5) thereof,

there shall be substituted the words “a child conceived and born out

of wedlock”< and

(e) immediately after subarticle (5) thereof there shall be

added the following subarticle>

“(6) Notwithstanding the previous provisions of this

article or of any other article in this code, where the paternity

of a person has been acknowledged the filiation of a person

has been declared by the Court, or the presumption referred to

in articles 101 to 112 has been made to apply, any person who

in consequence of such acknowledgement, declaration or the

application of the presumption is to assume a surname other

than the surname used by such a person before such

acknowlegement, filiation or application of the presumption,

or his legitimate representative, may request the competent

court by application against the Director of the Public Registry

to be allowed to continue to use such other surname, and the

Court if it is satisfied that third parties will not be prejudiced

thereby and, where the application has been done on behalf

of the minor, that such use shall be in the best interest of the

minor, shall accede to such request and order the Director to

make an annotation of its decision on the relevant Acts of Birth

of the person so acknowledged or whose filiation has been so

declared or in relation to whom the said presumption is to

apply.”.

For articles 93, 94 and 95 of the Code there shall be substituted Substitution of

articles 93, 94 and

the following>

95 of the Code.

93. Without prejudice to the provisions of article 89,

parents of children conceived and born out of wedlock shall

have in respect to such children and their descendants the

same duty to maintain and educate them as they have with

regard to children born or conceived in wedlock, and such

children shall have in respect of their ascendants and other

relatives the same rights and duties as children born or

conceived in wedlock.”.

In article 97 of the Code for the words “a legitimate child” Amendment of

article 97

there shall be substituted the words “a child conceived or born in of the Code.

wedlock”.

Article 98 of the Code shall be repealed.

Repeal of

article 98

of the Code.

In article 99 of the Code for the words “an illegitimate child” Amendment

of article 99

there shall be substituted the words “a child conceived and born out of of the Code.

wedlock”.

In the sub-heading “§II. Of Legitimation” immediately after Substitution of

article 100A of the Code, for the words “Of Legitimation” there shall Sub-Heading

“Of Legitimation”

be substituted the words “Of the Presumption that a Person was immediately after

article 100 A of the

Conceived or Born in Wedlock”.

Code.

For article 101 of the Code there shall be substituted the Substitution of

article 101

following>

Of the Code.

101. Where the parents of children conceived and born

presumption

out of wedlock subsequently marry, or where the court of

voluntary jurisdiction so decrees, such children shall be

deemed iuris et de iure to have always been conceived or

born in wedlock.”.

In article 102 of the Code for the words “legitimation by Amendment of

subsequent marriage” there shall be substituted the words “ The article

of the Code.

presumption arising out of subsequent marriage in accordance with the

preceding article” and in the marginal note thereof the word

“legitimation” shall be substituted by the word “presumption”.

Article 103 of the Code shall be amended as follows>

(a) in article 103 of the Code for the words “children

legitimated by subsequent marriage” and “legitimate children”

there shall be substituted the words “children deemed to have been

conceived or born in wedlock by the subsequent marriage of their

parents” and “children conceived or born in wedlock ” respectively<

and

(b) the marginal note thereof shall be substituted by the

following> “Effects of Presumption as a consequence of subsequent

marriage”.

In article104 of the Code for the words “legitimate children”

there shall be substituted the words “children conceived or born in

wedlock”.

Article 105 of the Code shall be susbtituted by the following>

105. The marriage of the parents shall bring about the

“Descendants

presumption

that even their predeceased children were

conceived or born in wedlock, and such presumption shall also

conceived or

operate in favour of the descendants of the latter, whether

conceived or born in wedlock, or so presumed to be by

consequence

of subsequent subsequent marriage, provided such predeceased children shall

have been acknowledged as provided in article 102, or their

paternity or maternity shall have been declared by a judgement

of the Court.”.

In article 106 of the Code , for the word “Legitimation by”

wherever they occur even in the marginal note, there shall be substituted

the words “The presumption in virtue of”.

Article 107 of the Code shall be amended as follows>

(a) for the word “legitimation referred” there shall be

substituted the word “presumption referred”<

(b) for the word “legitimation by” in the marginal note there

shall be substituted the words “presumption in virtue of”< and

(c) in paragraph (a) thereof for the word “legitimate” there

shall be substituted the words “have such presumption apply to”.

For article 108 of the Code there shall be substituted by the Substitution

article 108

following>

of the Code.

108. The Court shall have power, according to

circumstances, to refuse to apply the presumption in virtue of

presumption.

a decree of the said court in accordance with article 102, where

the applicant can make such presumption applicable in favour

of his child by subsequent marriage, or has children who were

conceived or born in wedlock, or so presumed by subsequent

marriage, or descendants of such children.”.

In article 109 of the Code including in the marginal note Amendment to

thereof, for the word “legitimation”, there shall be substituted the word article

of the Code.

“presumption”.

Amendment to

Article 110 of the Code shall be amended as follows>

article 110

of the Code.

(a) for the words “legitimated by decree of Court” in the

marginal note thereof there shall be substituted the words

“presumed to have been conceived or born in wedlock in virtue of

decree of Court”<

(b) sub-article (1) thereof shall be substituted by the

following>

(1) “Subject to the provisions of sucarticle 92(6) a child

in whose favour there is a presumption in virtue of a decree of

the court shall assume the surname of the parent upon whose

demand he shall have been so presumed.”< and

(c) in sub-article (2) thereof, for the word “legitimation”

there shall be substituted the word “presumption”.

Amendment of

article 111

Article 111 of the Code shall be amended as follows>

of the Code.

(a) in the marginal note thereof for the words “legitimation

by” there shall be substituted the words “presumption in virtue of”<

(b) in sub-article (1) thereof , for the words “Legitimated

child” there shall be substituted the words “ the child in whose favour

operates a presumption in virtue of article 102”, and for the words

“a legitimate child” there shall be substitued the words “a child

concieved or born in wedlock”.

Substitution of

article 112

For article 112 of the Code there shall be substituted the

of the Code.

following>

112. Where one of the parents, has in a will or other

presumption

public deed, declared his or her wish to have the presumption

that a child was conceived or born in wedlock, applicable to

a child born to him or her out of wedlock, such child, may

after the death of such parent, make a demand to have such

presumption applicable in his regard, saving the power of the

court as provided in article 108, in case the deceased shall

have left children, conceived or born in wedlock, or so

presumed to be in virtue of a subsequent marriage.”.

For paragraph (c) of subarticle (2) of article 113 of the Code,

there shall be substituted the following>

“(c) “children conceived and born out of wedlock” means

children so conceived and so born or such children in whose favour

the presumption refered to in articles 101 to 112 of this Code does

not apply, and who have not in either case been adopted<”.

In article 115 of the Code the words “an illegitimate person>”

wherever they occur shall be substituted by the words “a person

conceived and born out of wedlock” .

In article 122 of the Code, for the word “illegitimate”,

wherever it appears, there shall be substituted the words “conceived

and born out of wedlock”.

Article 126 of the Code shall be amended as follows>

(a) in the marginal note thereof for the word “Legitimation

” there shall be substituted the words> “Presumption that a person

was conceived or born in wedlock”< and

(b) in sub-article (1) thereof for the words “a legitimated

person” there shall be substituted the words “a person presumed

to have been conceived or born in wedlock”.

The words “legitimate or illegitimate” in article 227 of the Code

shall be deleted.

Immediately after article 257 of the Code there shall be inserted

the following new articles>

257A. (1) It shall be lawful for any unmarried person

annotation in

domiciled in Malta to bring an action for an annotation regarding

indication of

the particulars relating to sex which have been assigned to him

or her in the act of birth.

(2) Before delivering judgement, the Court shall

appoint experts to verify whether the person who has brought

the action has, in fact, undergone an irreversible sex change

from that indicated in the act of birth or has otherwise always

belonged to such other sex.

(3) Any action shall be brought against the Director of

Public Registry by way of writ of summons before the Civil

Court First Hall or the Court of Magistrates (Gozo) (Superior

Jurisdiction) as the case may be.

(4) The provisions of subarticle (1) of this article shall

apply to foreign acts of birth registered in Malta.

(5) All expenses relating to such litigation including

those incurred by the Director of Public Registry shall be borne

by plaintiff.

257B. (1) The court shall allow the plaintiff’s request

if

it

is

of the opinion that it has been sufficiently established

allow request.

that the plaintiff belongs to the sex claimed by him and that the

plaintiff’s condition can be considered as permanent.

(2) The court may also order an annotation in the

name or names of the plaintiff if it has allowed the request.

257C. (1) The annotations in an act of birth, referred

to in article 257B, shall be effective as from the day when the

Director of Public Registry shall enter such modification in

the act of birth.

(2) The annotation in the indication of the sex in

the act of birth shall in no way affect the family relationships

which exist at the date referred to in subarticle (1) of this article

and any other obligations arising out of parenthood or any other

cause.

(3) The provisions of paragraph (a) of subarticle

(2A) of article 251 of this Code shall apply in the case of

persons in relation to whom a declaration is made under article

257B who request an extract of their acts of birth. The extract

shall indicate the particulars resulting from such annotations.

Consequential

257D. (1) A person in respect of whom changes in

correction of

identity card. particulars relating to his change of sex have been annotated

in accordance with the preceding provisions of this Code shall,

without delay after the date referred to in subarticle (1) of

article 257C of this Code, report the fact to the authorised

officer under the Identity Card Act who shall issue a new

identity card indicating the sex and name in accordance with

the declaration made by the Court.

(2) A person whose change of sex has been

annotated as aforesaid shall also, on the payment of such fee

as may be prescribed, have the right, on the production of the

relative Court judgement, to demand that any public authority,

which has or may issue any certificate or document relative

to him, provide him with a fresh certificate or document

indicating the sex and name in accordance with the declaration

made by the Court as aforesaid.”.

Article 279 of the Code shall be amended as follows>

(a) for the marginal note thereto there shall be substituted

the following>

“Children conceived and born out of wedlock”<

(b) for the words “illegitimate child” in subarticle (1) thereof

there shall be substituted the words “child conceived and born out

of wedlock”< and

(c) for subarticle (2) thereof shall be substituted the

following>

“(2) Where the child is not acknowledged jointly by

both the father and the mother, the provisions of article 86

shall apply.”.

In article 281 of the Code, and in the marginal note thereto,

for the words “an illegitimate child” and “of illegitimate child” wherever

they appear, there shall be substituted the words “a child conceived and

born out of wedlock” and the words “of a child conceived and born out

of wedlock” respectively.

Article 289 of the Code shall be amended as follows>

(a) for the words “illegitimate child” in the marginal note

thereto, there shall be substituted the words “a child conceived

and born outside wedlock”<

(b) in subarticle (1) thereof>

(i) for the words “an illegitimate child” there shall be

substituted the words “a child conceived and born out of

wedlock”< and

(ii) for the words “illegitimate father” there shall be

substituted the word “father”.

Article 290 of the Code shall be amended as follows>

Amendment

of article 290

of the Code.

(a) in the marginal note thereof for the word “legitimation“

there shall be substituted the words “presumption that a person

was conceived or born in wedlock”<

(b) in subarticle (1) thereof for the words “ The legitimation

of an illegitimate child” there shall be substituted the words “The

presumption applicable to a person conceived and born out of

wedlock in virtue of article 102,”<

(c) for subarticle (2) thereof there shall be substituted the

following>

“ (2) In the case of such presumption, it shall be stated

in the note whether the presumption took place by subsequent

marriage or by a decree of the competent court.”< and

(d) in sub-article (3) thereof for the word “legitimation” there

shall be substituted the word “presumption”.

Article 291 shall be amended as follows>

Amendment of

article

291 of the Code.

(a) in sub-article (1) thereof for the words “or legitimation”

there shall be substituted the words “or presumption in virtue of

articles 101 to 112”< and

(b) in sub-article (2) thereof, for the word “legitimation by”

there shall be substituted the word “presumption arising out of”.

For article 292 of the Code there shall be substituted the Substitution

article

following>

292 of the Code.

292. Where a presumption arising out of subsequent

“Presumption

marriage

applies to a child conceived and born out of wedlock,

and such marriage took place prior to the registraton of the

birth of such child, the act of birth of such child may be drawn

up directly as in the case of a child conceived or born in

wedlock.”.

Immediately after article 292 of the Code there shall be inserted Addition of new

article 292A to

the following article>

the Code.

292A. The person giving notice of the birth shall also

deliver a declaration by the parents of the child indicating the

surname to be used by the child in terms of subarticle (3) of

article 4 or of article 92, and such surname shall be registered

in the column under the heading “Name or names by which

the child is to be called” in the act of birth immediately after

such name or names. Where no such declaration is made in

the case of a child conceived and born in wedlock the father’s

surname shall be presumed to have been so declared and in

the case of a child conceived and born out of wedlock the

maiden surname of the mother shall be presumed to be the

surname so declared.”.

Immediately after subarticle (2) of article 495 of the Code there

shall be added the following new subarticle>

“(3) Where the heirs in an inheritance continue to hold in

common, property deriving from the succession for more than ten

years and no action has been instituted before a court or other

tribunal for the partition of the property within ten years from the

opening of the succession and the portions of the heirs in the said

inheritance are the same in respect of all the assets of the

inheritance, each co-owner shall be deemed to be co-owner of each

and every item of property so held in common>

Provided that this subarticle shall not apply>

(i) when the property held in common is subject to any

right of habitation, use or of usufruct, for such time during

which such right is in force< or

(ii) when the property held in common consists of

property which of its very kind has of necessity to be kept

indivisible< or

(iii) when the persons who are holding the property

deriving from the succession in common agree otherwise>

Provided further that the period of ten years referred to in this

subarticle shall commence to run together with, and shall be deemed

as one with, the period of ten years referred to in subarticle (1) of

article 495A.”.

Immediately after article 495 of the Code there shall be added

the following new article 495A.

495A. (1) Except in cases of condominium or

necessary community of property, where co-ownership has

lasted for more than ten years and none of the owners has

instituted an action before a court or other tribunal for the

partition of the property held in common, and the co-owners

fail to agree with regard to the sale of any particular property,

the court shall if it is satisfied that none of the dissident co-

owners are seriously prejudiced thereby, authorise the sale in

accordance with the wish of the majority of the co-owners

regard being had to the value of the shares held by each co-

owner.

(2) The request to the court shall be made by

application which shall be accompanied by a declaration of

the owners who agree to the sale as well as a prospectus

showing the number and value of the shares held by each of

them as well as the terms and conditions under which the sale

is to take place. The application shall also indicate the date

on which the co-ownership arose and the circumstances

thereof.

(3) The application shall be served on the co-

owners who do not agree with the sale as well as on curators

to be appointed by the court to represent such of the co-owners

who are unknown or who cannot be traced. The registrar shall

cause a copy of the application to be published in the Gazette

and in one daily newspaper.

(4) A declaration that any co-owner is not known

or cannot be traced shall be confirmed on oath by one of the

applicants.

(5) The other co-owners as well as the curators

may within twenty days from the service upon them of the

application, or in the case of a co-owner who has not been

served with the application within twenty days from the last

publication referred to in subarticle (3) hereof, oppose the sale

stating the serious prejudice that they or the co-owners

represented by them may suffer because of the sale.

(6) In assessing whether there will be serious

prejudice to any of the co-owners, the court shall take into

consideration all relevant factors including the value of the

property and the price of the sale, and may for this purpose

order that the property be appraised in accordance with the

provisions of article 306 of the Code of Organization and

Civil Procedure.

(7) The court shall determine the application, and

where it determines that the sale is to take place, it shall

determine the price or other consideration for the sale and it

shall further -

(a) determine the time, date and place, when and

where the transfer is to take place<

(b) where the sale is to be effected by a public deed,

appoint a notary to publish the deed<

(c) appoint a curator, even among the co-owners

themselves, to represent any of the co-owners who fail to

appear on the notarial deed or other instrument of transfer.

(8) The court may, on an application by any party

interested change the date, time or place where the transfer is

to take place.

(9) If more than one co-owner opposes the transfer

or where the court rejects the application in terms of sub-

article (7) of this article, the court may, notwithstanding the

other provisions of this article, order the sale by licitation of

the property in accordance with the provisions of articles 521

and 522 of the Code.”.

Article 586 of the Code shall be amended by deleting

subarticle (2) thereof and by renumbering subarticle (1) thereof as article

586.

Immediately after subarticle (2) of article 592 of the Code,

there shall be added the following new subarticles>

“(3) A will unica charta shall be drawn up in a manner that

the provisions with regard to the estate of one of the testators are

drawn up in a part separate from those containing the provisions

of the other spouse.

(4) The non-observance of the provisions of subarticle (3)

of this article shall not cause the nullity of any provision of the

will if it is otherwise intelligible< but the notary drawing up the

will shall be liable to a fine of one hundred liri to be imposed by

the Court of Revision of Notarial Acts.”.

For articles 593 and 594 of the Code there shall be substituted

the following>

593. (1) Where, by a will unica carta, the testators

shall

have bequeathed to each other the ownership of all their

property or the greater part thereof with the express and specific

unica charta.

condition that if one of the testators revokes such bequest he

shall forfeit any right in his favour from such joint will, the

survivor, who shall revoke the will with regard to such bequest,

shall forfeit all rights which he or she may have had in virtue

of such will on the estate of the predeceased spouse.

(2) The forfeiture mentioned in subarticle (1) can

also be ordained in the case where, by his or her act, the said

bequest cannot be effectual with regard to his or her estate.

(3) The notary drawing up a will unica charta is

bound on pain of a fine of one hundred liri to be imposed by

the Court of Revision of Notarial Acts to explain to the testators

in a will unica charta the meaning and effect of this article and

of article 594, and enter in the will a declaration to that effect.

594. In the cases referred to in subarticles (1) and (2)

of article 593 the ownership of the property bequeathed to the

spouse incurring the forfeiture, shall, unless otherwise ordained

by the other spouse, vest in the heirs instituted by such other

spouse, or if no heirs are so instituted his heirs-at-law. The

spouse who has forfeited the property as aforesaid shall,

however, retain the usufruct over such property.”.

Amendment of

Article 596 shall be amended as follows>

article 596

of the Code.

(a) for the words “Saving the provisions of the Mortmain

Act, any person” there shall be substituted the words “Any person”<

and the words “Cap. 201.” in the marginal note thereto shall be

deleted<

(b) the present provision shall be renumbered subarticle (1)

thereof< and

(c) immediately after subarticle (1) thereof as renumbered

there shall be added the following new sub-article>

“(2) All children and descendants without any

distinction are capable of receiving by will from the estate of

their parents and other ascendants to the extent established by

law.”.

Amendment of

Article 597 of the Code shall be amended as follows>

article 597

of the Code.

(a) in paragraph (a) thereof, for the word “fourteenth” there

shall be substituted the words “sixteenth”< and

(b) for paragraph (b) thereof there shall be substituted the

following>

“(b) those, who, even if not interdicted are not capable

of understanding and volition, or who, because of some defect

or injury, are incapable even through interpreters of expressing

their will>

Provided that a will can only be made through an

interpreter if it is a public will and the notary receiving the

will is satisfied after giving an oath to the interpreter that

such interpreter can interpret the wishes of the testator

correctly<”.

For articles 602 to 604 of the Code there shall be substituted

the following>

“All children

602. All the children of the testator whether born in

wedlock, out of wedlock or adopted or whether or not the

presumption referred to in articles 102 to 112 applies to them

may receive by will from the testator.”.

For paragraphs (a) and (b) of subarticle (1) of article 605 of

the Code there shall be substituted the following>

“(a) wilfully killed or attempted to kill the testator or his or

her spouse< or

(b) charged the testator, or the spouse, before a competent

authority with a crime punishable with imprisonment, of which he

knew the testator, or the spouse, to be innocent< or”.

In article 608 of the Code and in the marginal note thereto,

for the words “the legitim” there shall be substituted the words “the

reserved portion”.

In subarticle (1) of article 612 of the Code the words “602,

603, 604,” shall be deleted.

For article 614 of the Code there shall be substituted the

following>

614. (1) Where the testator has no descendants or

spouse, he may dispose by universal or singular title of the

whole of his estate in favour of any person capable of receiving

under a will.

(2) Where the testator has descendants or a spouse,

the disposable portion of his estate shall be that which remains

after deducting such share as is due to the said descendants or

spouse under any of the provisions of articles 615 to 653.”.

For the heading “Of Legitim and Disherison” appearing after Substitution of

article 614 of the Code, there shall be substituted the heading “Of the heading

after article 614

Reserved Portion and Disherison”.

of the Code.

For articles 615 and 616 of the Code there shall be substituted Substitution

articles 615 and

the following>

616 of the Code.

615. (1) The reserved portion is the right on the estate

of the deceased reserved by law in favour of the descendants

and the surviving spouse of the deceased.

(2) The said right is a credit of the value of the

reserved portion against the estate of the deceased. Interests at

the rate established in article 1139 shall accrue to such credit

from the date of the opening of succession if the reserved

portion is claimed within two years from such date, or from

the date of service of a judicial act if the claim is made after

the expiration of the said period of two years.

616. (1) The reserved portion due to all children

whether conceived or born in wedlock or conceived and born

out of wedlock or adopted shall be one-third of the value of the

estate if such children are not more than four in number or

one-half of such value if they are five or more.

(2) The reserved portion is divided in equal shares

among the children who participate in it.

(3) Where there is only one child, he shall receive

the whole of the aforesaid third part.”.

Article 618 of the Code shall be amended as follows>

Amendment of

article 618

of the Code.

(a) for the words “regulating the legitim” in the marginal

note and in subarticle (1) thereof there shall be substituted the words

“regulating the reserved portion”<

(b) in subarticle (2) thereof, for the words “the legitim” there

shall be substituted the words “the reserved portion”< and

(ç) for subarticle (3) thereof, there shall be substituted the

following>

“(3) A child or other descendant who has been instituted

heir, who had he not been so instituted would have been entitled

to share the reserved portion, shall also be entitled to share

therein notwithstanding that he was so instituted.”.

Article 619 of the Code shall be deleted.

Article 620 of the Code shall be amended as follows>

(a) for the marginal note thereto there shall be substituted the

marginal note “Reserved portion to be free from burdens or

conditions.”<

(b) for subarticle (1) thereof there shall be substituted the

following>

“(1) It shall not be lawful for the testator to encumber

the reserved portion with any burden or condition.”<

(c) in subarticle (2) thereof, for the words “The legitim is

computed” there shall be substituted the words “The reserved

portion is calculated”<

(d) in subarticle (4) thereof, for the words “the legitim is due”

there shall be substituted the words “the reserved portion is due”<

and

(e) immediately after subarticle (4) thereof there shall be

added the following new subarticle>

“(5) The person claiming the reserved portion shall take

into account his share any property bequeathed to him by

will and cannot renounce any testamentary disposition in his

favour and claim the reserved portion, except when such

testamentary disposition is made in usufruct or consists in

the right of use or habitation, or consists of a life annuity or

an annuity for a limited time.”.

Amendment

Article 621 of the Code shall be amended as follows>

of article 621

of the Code.

(a) in subarticle (1) thereof, for the words “entitled to the

legitim” there shall be substituted the words “entitled to the reserved

portion”, and for the words “by way of legitim” there shall be

substituted the words “by way of reserved portion”< and

(b) in subarticle (2) thereof, for the words “to legitim” there

shall be substituted the words “to reserved portion”, and for the

words “the legitim” there shall be substituted the words “the reserved

portion”.

For the words “legitima portio” in article 622 of the Code, Amendment

of article 622

there shall be substituted the words “reserved portion”.

of the Code.

For paragraphs (f) and (g) of article 623 of the Code, there Amendment

of article 623

shall be substituted the following>

of the Code.

“(f) if the descendant is a prostitute without the connivance

of the testator<

(g) in any case in which the testator, by reason of the

marriage of the descendant, shall have been, under the provisions

of articles 27 to 29, declared free from the obligation of supplying

maintenance to such descendant.”.

Repeal of

Article 624 of the Code is hereby repealed.

article 624

of the Code.

Article 626 of the Code shall be amended as follows>

Amendment of

article 626

of the Code.

(a) in subarticle (1) thereof, for the words “the legitim” there

shall be substituted the words “the reserved portion”< and

(b) in subarticle (2) thereof, for the words “over the legitim”

there shall be substituted the words “over the reserved portion”.

In article 628 of the Code, for the words “by his legitim” Amendment of

article 628

there shall be substituted the words “by his reserved portion”, and for of the Code.

the words “of the legitim” there shall be substituted the words “of the

reserved portion”.

In article 629 of the Code and in the marginal note thereto, Amendment of

for the word “legitim” there shall be substituted the words “reserved article

of the Code.

portion”.

For article 630 of the Code there shall be substituted the

following>

630. Where the person entitled to the reserved portion

the ground of is interdicted on the ground of prodigality, or is so burdened

prodigality. with debts that the reserved portion, or at least the greater part

of it would be absorbed by such debts, it shall be lawful for

the testator by an express declaration to disinherit such person,

and to bequeath the reserved portion to the children or

descendants of such person.”.

The words “and of Illegitimate Children” appearing in the

heading after article 630 of the Code shall be deleted.

For articles 631 to 633 of the Code there shall be substituted

the following>

631. Where a deceased spouse is survived by children

or

other

descendants, the surviving spouse shall be entitled to

there is issue. one-fourth of the value of the estate in full ownership.

632. If there are no children or descendants as stated

in article 631, the surviving spouse shall be entitled to one-

third of the value of the estate in full ownership.”.

Article 633A of the Code shall be amended as follows>

(a) the provision shall be renumbered as article 633<

(b) for subarticles (3) and (4) thereof there shall be

substituted the following>

“(3) For the purposes of articles 631 and 632, the

tenement subject to the right of habitation under this article

shall be excluded from the estate of the deceased over which

the surviving spouse has a reserved portion.

(4) The provisions of article 395 shall not apply to the

right of habitation granted under this article.”< and

(c) in subarticle (5) thereof, for the words “legitim or any

portion of the estate of the deceased spouse reserved to any other

person” there shall be substituted the words “the reserved portion

due to any other person”.

For articles 634 to 646 of the Code there shall be substituted Substitution

of articles

the following>

634 to 646.

634. Where the matrimonial home belongs in part to

and surviving the surviving spouse, in any partition between the heirs of the

deceased and the surviving spouse, the surviving spouse, or

the said heirs, may demand that the property subject to the

right of habitation be assigned to the surviving spouse upon a

valuation which is to take account of such right of habitation

over the property.

635. The surviving spouse shall also have the right of

use over any of the furniture in the matrimonial home belonging

to the deceased spouse.

636. The provisions of article 318 shall apply in relation

to the right of use referred to in article 635.

637. The provisions of subarticles (3), (6), (7) and (8)

of article 633 shall mutatis mutandis apply to the right of use

granted by article 635.

638. The provisions of articles 631, 632, 633 and 635

shall not apply in any of the following cases>

(a) if, at the time of the death of one of the

spouses, the spouses were separated by a judgement of

the competent civil court, and the surviving spouse had,

in terms of articles 48, 51 and 52 of this Code, forfeited

the rights referred to in those articles<

(b) where the predeceased spouse has, by his will,

on any of the grounds mentioned in paragraphs (a), (b),

(c), (d) and (e) of article 623, or on the grounds of adultery,

expressly deprived the surviving spouse of the rights

referred to in articles 631 to 633 and 635 and such ground,

or where more grounds are stated, any of such grounds

is proved<

(c) if, in regard to the surviving spouse, there

exists any of the grounds on which such spouse would

under article 605 be, as unworthy, incapable of receiving

by will.

639. The rights referred to in article 633 and article

635 shall also apply in cases where the spouses were

personally separated and the surviving spouse was either in

terms of article 55A or in terms of a public deed of consensual

separation entitled to reside in the matrimonial home.”.

Article 648 of the Code shall be amended as follows>

(a) for paragraph (b) thereof there shall be substituted the

following>

“(b) any property which has been disposed of by way

of donation shall be then fictitiously added, such property being

reckoned at its value at the time of the donation.”< and

(b) in paragraph (c) thereof for the words from “such

persons” to the words “articles 615 to 646” there shall be substituted

the words the surviving spouse in accordance with articles 615 to

639.”.

Article 649 of the Code shall be repealed.

75.

In subarticle (1) of article 656 of the Code, for the words

“written out” there shall be substituted the words “printed, type-written

or written in ink”.

Article 661 of the Code shall be amended as follows>

(a) in subarticle (1) thereof for the words “five, nor exceeding

fifty” there shall be substituted the words “one hundred, nor

exceeding one thousand”< and

(b) subarticle (2) thereof shall be deleted and subarticle (3)

thereof shall be renumbered as subarticle (2) thereof.

For the words “527” in article 662 of the Code, there shall be

substituted the words “529”.

The word “male” in subarticle (3) of article 676 of the Code

shall be deleted.

Article 726 of the Code shall be amended as follows>

(a) the present provision shall be renumbered as subarticle

(1) thereof< and

(b) immediately after subarticle (1) thereof as renumbered,

there shall be added the following subarticles>

“(2) In the case of immovable property the legatee may

demand the grant of such possession be made by means of a

public deed.

(3) Unless the testator shall have otherwise provided

the expenses relative to the deed shall be borne by the legatee.”.

For articles 747 to 750 of the Code, there shall be substituted Substitution

of articles

the following>

747 to 750

of the Code.

747. It shall be lawful for a testator to make provision

“Testator can

provision for in his will for the existence or subsequent birth of children or

descendants, and such provision may, without prejudice to any

right to a share of the reserved portion, distinguish between

such children or descendants in the same manner as he could

lawfully distinguish between children or descendants of whose

existence he is aware or who are already born.

748. Where provision is not made in accordance with

article 747 and the testator makes disposition by universal or

singular title and passes over any children or descendants,

whether or not the testator was aware of their existence, and

whether or not such children or descendants were born at the

time of the making of the dispositions, such dispositions shall

nonetheless be valid saving the right of the children or

descendants so passed over to their share of the reserved portion

to which they may be entitled under this Code.”.

Article 752 of the Code shall be amended as follows>

Amendment of

article 752

of the Code.

(a) in subarticle (1) thereof for the words “issue, legitimate,

adopted or legitimated by subsequent marriage, before attaining the

age of eighteen years” there shall be substituted the words “issue,

before attaining the age of eighteen years”<

(b) in subarticle (2) thereof for the words “issue, legitimate,

adopted or legitimated by a subsequent marriage” there shall be

substituted the word “issue”< and

(c) in subarticle (3) thereof for the words “the legitim” there

shall be substituted the words “a share of the reserved portion”.

Immediately after subarticle (2) of article 758 of the Code,

there shall be added the following subarticles>

“(3) It shall also be lawful for a spouse to make in favour of

the surviving spouse a bequest by universal or by singular title,

substituting for him or her another beneficiary in the residue still

existing at the time of the demise of the surviving spouse. In such

case the surviving spouse shall only be restrained from disposing

of any thing contained in the disposition, by will or by title of

donation.

(4) For the purpose of this article “residue” means and

includes only>-

(a) immovable property, whether immovable by its

nature or by reason of the object to which it refers< and

(b) all certain and determinate movable property which

can be identified, excluding liquid cash and things identified

only by their species.

(5) An action contesting any disposal made by the surviving

spouse in contravention of subarticle (3) may be instituted during

the lifetime of the surviving spouse, and shall be barred by the

lapse of five years from the opening of succession of the surviving

spouse.

(6) A disposal made by the surviving spouse in

contravention of subarticle (3) shall in the case of immovables be

null. In the case of movable property nullity shall ensue only if the

beneficiary was in bad faith. In any other case action shall only lie

for damages against the surviving spouse or his or her estate.”.

In article 789 of the Code the words “the illegitimate children”

shall be deleted.

Article 800 of the Code shall be repealed.

86 For the heading “§I. Of Regular Successions”, and the

subheading “OF SUCCESSION BY LEGITIMATE DESCENDANTS”

appearing after article 807 of the Code, and for articles 808 to 830 of

the Code and the headings and sub-headings appearing after articles

809, 813, 816, 824 and 829, there shall be substituted the following>

ҤI. Of Succession by Descendants and Surviving

Spouse”.

808. (1) Where the deceased has left children or their

descendants and a spouse, the succession devolves as to one

moiety upon the children and other descendants and as to the

other moiety upon the spouse.

(2) The provisions of subarticle (1) shall be without

prejudice to the right of the surviving spouse under articles

633, 634 and 635.

809. Where the deceased has left children or other

descendants but no spouse, the succession devolves upon the

children and other descendants.

810. Where the deceased has left no children or other

descendants but is survived by a spouse the succession

devolves on the spouse.

811. (1) Saving the provisions of article 815, children

or other descendants succeed to their father and mother or

other ascendants without distinction of sex, and whether they

are born or conceived in marriage or otherwise and whether

they are of the same or of different marriages.

(2) They succeed per capita when they are all in

the first degree< they succeed per stirpes when all, or some of

them, take by representation.

§II. Of Succession by Ascendants and Collaterals

812. Where the deceased has left no children or other

descendants, nor a spouse, the succession shall devolve>

nor a spouse.

(a) if there be an ascendant or ascendants and no

direct collaterals> to the nearest ascendant or ascendants<

(b) if there be an ascendant or ascendants and

direct collaterals> one moiety to the nearest ascendant or

ascendants and the other moiety to the direct collaterals<

(c) if there be no ascendant or ascendants but there

be direct collaterals> to the direct collaterals< and

(d) if there be neither ascendant or ascendants nor

direct collaterals> to the nearest collateral in whatever line

such collateral may be.

813. (1) For the purpose of article 812 direct

collaterals mean brothers and sisters, whether of the half or

full blood or adopted and the descendants of predeceased

brothers or sisters, of the half or full blood or adopted.

(2) The brothers and sisters shall succeed per

capita and their descendants per stirpes in terms of articles

804 and 805.

814. Succession between collaterals shall not extend

beyond the twelfth degree.

815. Where a person conceived and born out of wedlock

succeeds ab intestato with adoptive children of the deceased

and born out

or other children of the deceased who are not so conceived or

born or the descendants of such children, or with the surviving

succeed with

certain other

spouse of the deceased the person conceived and born out of

wedlock shall receive only three quarters of the share to which

he would have been entitled if all the heirs of the deceased,

including such person, had been conceived or born in wedlock,

and the remaining quarter of the share to which he would

have been so entitled shall devolve on the other heirs of the

deceased to the exclusion of any of such heirs who is

conceived and born out of wedlock as if it were a separate

estate.

§III. Of the Rights of the Government

816. Where the deceased is not survived by any of the

persons entitled to succeed under the rules laid down in the

competent to

foregoing articles, the inheritance shall devolve upon the

Government

Government of Malta.”.

Minflok l-intestatura “§I. Fuq is-Suççessjonijiet Regolari”, Sostituzzjoni ta’ l-

artikoli 808 sa 830

u s-subintestatura “FUQ IS-SU??ESSJONI TAD-DIXXENDENTI tal-Kodiçi.

LE:ITTIMI” li jidhru wara l-artikolu 807 tal-Kodiçi, u minflok l-artikoli

808 sa 830 tal-Kodiçi u l-intestaturi u s-subintestaturi li jidhru wara l-

artikoli 809, 813, 816, 824 u 829, g[andu jid[ol dan li ;ej>

“§I. Fuq is-Suççessjoni tad-Dixxendenti

u ta’ min fost ir-Ra;el u l-Mara jibqa’ [aj”.

808. (1) Meta l-mejjet i[alli warajh tfal jew

Meta l-mejjet

i[alli warajh

dixxendenti

tag[hom u lil martu jew ]ew;ha, il-wirt jg[addi

dixxendenti

jew lil martu nofs g[at-tfal u dixxendenti o[ra u n-nofs l-ie[or g[al martu

jew ]ew;ha.

jew ]ew;ha.

(2) Id-disposizzjonijiet tas-subartikolu (1) huma

ming[ajr pre;udizzju g[all jedd ta’ min jibqa’ [aj l-a[[ar

mir-ra;el u l-mara ta[t l-artikoli 633A 634 u 635.

Meta l-mejjet

809. Meta l-mejjet i[alli warajh tfal jew dixxendenti

i[alli warajh

dixxendenti o[ra i]da mhux lil martu jew ]ew;ha, il-wirt jg[addi g[at-

i]da mhux lil

tfal u dixxendenti o[ra.

martu jew

]ew;ha.

810. Meta l-mejjet ma j[allix warajh tfal jew

Meta l-

mejjet ma

dixxendenti o[ra i]da j[alli lil martu jew ]ew;[a, il-wirt

j[allix

warajh

jg[addi g[al martu jew ]ew;[a.

dixxendenti

imma j[alli

lil martu jew

]ew;ha.

811. (1) Salv id-disposizzjonijiet ta’ l-artikolu 815,

it-tfal jew dixxendenti o[ra jirtu lil missierhom u lil ommhom

jew lil kull axxendent ie[or xorta wa[da sew jekk huma subien

jew bniet, u sew jekk ikunu mwielda jew imnissla matul i]-

]wie; jew xort’o[ra u sew jekk ikunu xi w[ud minn ]wie; u

o[rajn minn ie[or.

(2) Huma jirtu per capita meta huma lkoll fl-

ewwel grad< jirtu per stirpes meta lkoll, jew xi w[ud minnhom,

ji;u g[all-wirt bil-jedd tar-rappre]entazzjoni.

§II. Fuq is-Suççessjoni ta’ l-Axxendenti u Qraba

Kollaterali

Meta l-mejjet

812. Meta l-mejjet ma j[alli warajh ebda tfal jew

warajh ebda dixxendenti o[ra, lanqas lil martu jew ]ew;ha, il-wirt jg[addi>

(a) jekk ikun hemm axxendent jew axxendenti u

ma jkunx hemm qraba kollaterali diretti> g[all-eqreb

axxendent jew axxendenti<

(b) jekk ikun hemm axxendent jew axxendenti u

qraba kollaterali diretti> nofs g[all-eqreb axxendent jew

axxendenti u n-nofs l-ie[or g[all-qraba kollaterali diretti<

(ç) jekk ma jkun hemm ebda axxendent jew

axxendenti i]da jkun hemm qraba kollaterali diretti>

g[all-qraba kollaterali diretti< u

(d) jekk la jkun hemm axxendent jew axxendenti

u lanqas qraba kollaterali diretti> g[all-eqreb qarib

kollaterali tkun liema tkun il-linja li fiha jkun jinsab dak

il-qarib kollaterali.

813. (1) G[all-fini ta’ l-artikolu 812, qraba kollaterali

diretti jfissru a[wa subien u bniet, sew jekk ikunu a[wa sewwa

kemm jekk ikunu a[wa mill-missier jew mill-omm biss jew

adottati, u d-dixxendenti ta’ l-a[wa subien u bniet li jkunu

mietu qabel, sew jekk ikunu a[wa sewwa kemm jekk ikunu

a[wa mill-missier jew mill-omm biss.

(2) L-a[wa subien u bniet jirtu per capita u d-

dixxendenti tag[hom per stirpes skond l-artikoli 804 u 805.

814. Il-jedd tal-wirt bejn il-qraba kollaterali ma jmurx

i]jed

’l hemm mit-tnax il-grad.

815. Meta persuna mnissla u mwielda barra mi]-]wie;

Meta persuni

mwielda barra tiret ab intestato flimkien ma’ tfal adottivi tal-mejjet jew tfal

o[ra tal-mejjet li ma jkunux hekk imnissla jew imwielda, jew

jirtu flimkien

mad-dixxendenti ta’ dawk it-tfal, jew ma’ min mir-ra;el jew

persuni o[ra.

il-mara jibqa’ [aj minnhom, il-persuna mnissla u mwielda

barra mi]-]wie; g[andha tirçievi biss tliet kwarti mis-sehem

li kienet tkun intitolata g[alih li kieku l-werrieta kollha tal-

mejjet, inklu]a dik il-persuna, kienu mnissla u mwielda matul

i]-]wie;, u l-kwart l-ie[or tas-sehem li kien hekk ikollha jedd

g[alih g[andu jg[addi g[al g[and il-werrieta l-o[ra tal-mejjet

b’esklu]joni ta’ persuni minn fost dawk il-werrieta li jkunu

mnissla u mwielda matul i]-]wie;, b[allikieku kien beni

mifrud.

ҤIII. Fuq il-Jeddijiet tal-Gvern

816. Meta l-mejjet ma j[allix warajh persuni li g[andhom

suççessjoni li

jedd jirtuh ta[t ir-regoli stipulati fl-artikoli ta’ qabel, il-wirt

imur favur il-Gvern ta’ Malta.”.

For articles 832 to 835 of the Code, there shall be substituted Substitution

of articles

the following article>

832 to 835

of the Code.

832. Where several persons die in a common calamity

and it is impossible to determine who survived the other, they

shall, where any one of them is called to the succession of the

other, be presumed to have died at the same time.”.

For articles 839 to 844 of the Code there shall be substituted Substitution of

articles 839

the following>

to 844 of

the Code.

839. Where under testate or intestate succession a

person conceived and born out of wedlock succeeds with

adoptive children of the deceased or other children of the

deceased who are not so conceived and born or descendants

of such children, or with the surviving wife of the deceased,

the other heirs of the deceased shall be entitled to pay the

share due to the person conceived and born out of wedlock,

either in cash or in movable or immovable property of the

estate, if the latter does not object< and in case of opposition

by the latter, the Civil Court – Voluntary Jurisdiction shall,

following an application to that effect by any of the other

heirs of the deceased, decide whether to allow such payment

or assignment, after taking into account personal

considerations and those relating to property.”.

In subarticle (1) of article 845 of the Code, for the words “or Amendment of

article 845

the legitim, or the portion of property granted to illegitimate children or to of the Code.

the spouse” there shall be substituted the words “or the reserved portion”.

Article 852 of the Code shall be amended as follows>

Amendment of

article 852

of the Code.

(a) the present provision shall be renumbered as subarticle

(1) thereof< and

(b) immediately after subarticle (1) thereof as renumbered

there shall be added the following new subarticle>

“(2) The provisions of subarticle (1) of this article shall

also apply in the case of judicial proceedings in respect of

possessory actions, in which case the person entitled to

succeed shall be considered as de jure curator of the

inheritance in terms of subarticle (2) of article 886.

(3) Subarticle (2) of this article shall only apply if the

person entitled to succeed states in the action that he is acting

in his capacity of de jure curator.”.

For the words “the legitim or other portion” in subarticle (2)

of article 858 of the Code there shall be substituted the words “the reserved

portion”.

For the words “the legitim or other portion” in article 861 of

the Code there shall be substituted the words “the reserved portion”.

In article 894 of the Code, for the words “legitim or any

other portion of the property would be due,” there shall be substituted

the words “reserved portion would be due”.

Article 910 of the Code shall be amended as follows>

(a)

subarticles (2) and (3) thereof shall be deleted< and

(b) subarticle (1) thereof shall be renumbered as the whole

article, and the words “or bring into the mass” shall be deleted.

In subarticle (1) of article 913 of the Code for the words

“shall bring into the mass, in the interest only of the other children or

descendants, being their co-heirs, everything” there shall be substituted

the words “shall impute, in the interests only of the other children or

descendants, being co-heirs, the value of everything”.

In article 916 of the Code for the words “the legitim or other

portion of property” there shall be substituted the words “the reserved

portion”, and the words “and articles 634 and 643” shall be deleted.

In articles 917 and 919 of the Code, for the words “the things”

wherever they appear, there shall be substituted the words “the value of

the things”.

Article 927 of the Code shall be deleted.

98.

927 tal-Kodiçi.

Minflok l-artikolu 931 tal-Kodiçi g[andu jid[ol dan li ;ej>

For article 931 of the Code there shall be substituted the

following>

“How

931. (1) Subject to the provisions of the following

collation

subarticles collation is made by imputing to the share of the

is made.

donee the value of the thing at the time of the opening of

succession.

(2) Where the donated thing consists of movables

consumable by use or articles of clothing or articles intended

for the domestic use of the donee, no collation shall be due.

(3) Where the thing has been alienated by onerous

title by the donee, the value to be collated shall be the

consideration received by the donee for the thing alienated or

the value of the thing at the time of alienation whichever value

is higher.

(4) Where the thing has perished by a fortuitous

event, without any fault of the donee and without the donee

obtaining any compensation for the loss of the thing, no

collation shall be made.”.

Article 933 and articles 935 to 937 of the Code shall be Repeal of articles

933, 935 to 937

repealed.

of the Code.

Article 938 of the Code for the words “legitim, etc”, in the Amendment of

article

marginal note thereto, and for the words “legitim or other portion of 938 of the Code.

property” and the words “legitim or portion” in subarticle (1) therof<

there shall be substituted in each case the words “reserved portion”.

In article 957 of the Code for the word “legitim“ there shall Amendment of

article

be substituted the words “reserved portion”.

957 of the Code.

In article 1743 of the Code for the words “Saving the Amendment of

provisions of the Mortmain Act, all persons”, there shall be substituted article

of the Code.

the words “All persons”, and the words “Cap. 201.” in the marginal

note shall be deleted.

Repeal of

Article 1748 of the Code shall be repealed.

article 1748

of the Code.

In article 1750 of the Code, for the words “in the foregoing Amendment of

article 1750

articles, is null, in whole or in part, according to the extent of the of the Code.

incapacity” there shall be substituted the words “in article 1749 is null”.

For article 1751 of the Code there shall be substituted the Substitution of

article 1751

following>

of the Code.

1751. The father, the mother, the children, the

“Intermediaries.

descendants and the spouse of the person who is incapable of

receiving by donation, shall, unless the contrary is proved, be

considered to be intermediaries.”.

Article 1805 of the Code shall be repealed.

107.

T[assir ta’ l-artikolu

In subarticle (2) of article 1810 the words “, subject to the

provisions of article 1748” shall be deleted.

In article 1812, the words “, saving, however, the provisions

of article 639” shall be deleted.

Article 2042 of the Code shall be amended as follows>–

(a) immediatley after paragraph (a) thereof, there shall be

inserted the following proviso>

“Provided that the Director of the Public Registry may,

in his discretion, accept notes in instances where it is

manifestly impossible to obtain some of or all details as

required in paragraph (a).”< and

(b) immediately after paragraph (b) thereof there shall be

inserted the following proviso>

“Provided that the Director of the Public Registry may,

in his discretion, accept notes in instances where it is

manifestly impossible to obtain some of or all details as

required in paragraph (b).”.

Form Q in Part II of the Schedule to the Code shall be

substituted by the Form Q appearing in the First Schedule to this Act.

Immediately after Form Q in Part II of the Schedule to the

Code there shall be added Form R appearing in the Second Schedule to

this Act.

Article 253 of the Code of Organization and Civil Procedure

shall be amended as follows>

(i) in the proviso to paragraph (e) of article 253 thereof,

immediately after the words “the person opposing the execution

of such bill of exchange or promissory note” thee shall be inserted

the words “, to be filed within twenty days from the service of the

judicial letter sent for the purpose of rendering the same bill of

exchange or promissory note executable,”< and

(ii) at the end of the proviso to paragraph (e) of article 253

thereof, there shall be added the following>

“The judicial letter referred to above in this proviso shall,

under pain of nullity, notify the debtor of the right given to

him by this proviso.”.

Subarticle (2) of article 68 of the Notarial Profession and Amendment of the

Notarial Profession

Notarial Archives Act shall be substituted by the following>

and Notarial

Archives Act,

“(2) The Notary who had drawn up a will unica charta or

his keeper or delegate Notary shall, after the death of one of the

testators and without the need of any further authorisation, have

the authority to issue to any person an extract from such will which

shall contain all the testamentary dispositions of the deceased

testator.”.

Sub-paragraph (iii) of paragraph (d) of subarticle (4) of Amendment

of the Housing

article 5 of the Housing (Decontrol) Ordinance shall be deleted.

(Decontrol)

Ordinance,

(1) The provisions of articles (other than insofar as the Transitory

provision.

said article amends subartilce (3) of article 4 of the Civil Code about

the surname of a child) 1, 2, 3, 4, 5, 6, 7, 8, 9 (a) and (b), 10, 11, 12, 13,

14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32,

33, 34, 35, 36, 37, 38 (a) and (b), 39, 40, 41, 42, 43, 47, 50, 51, 52, 55,

56, 69, 70, 77, 78, 79, 80, 82, 84, 85, 88, 103, 106, 109, 112 and 116

shall, saving the provisions of subarticle (2) of article 1 of this Act,

come into force with immediate effect.

(2) The provisions of articles 53, 54, 57, 58, 59, 60, 61, 62,

63, 65, 66, 67, 68, 71, 72, 73, 74, 75, 81, 86, 87, 89, 90, 91, 92, 93, 94,

95, 96, 97, 98, 99, 100, 101 and 102 shall, saving the provisions of

subarticle (2) of article 1 of this Act, apply to successions taking effect

after the said articles are brought into force.

(3) The provisions of articles 48, 49, 64, 76 and 83 shall,

saving the provisions of subarticle (2) of article 1 of this Act, apply to

wills drawn up after the said articles are brought into force.

(4) The provisions of articles 104, 105, 107 and 108 shall,

saving the provisions of subarticle (2) of article 1 of this Act, apply to

donations made after the said articles are brought into force.

(5) The provisions of article 3 insofar as they amend

subarticle (3) of article 4 of the Civil Code about the surname of a

child, and of articles 44 and 111 of this Act shall, saving the provisions

of subarticle (2) of article 1 of this Act, apply to children who were not

born or who have not been registered on the date when the said articles

of this Act are brought into force.

(6) The provisions of articles 9 (c) and 38 (c), shall, saving

the provisions of subarticle (2) of article 1 of this Act, apply to

acknowlegements of children made after the said articles of this Act are

brought into force.

(7) The provisions of article 45 of this Act, shall, saving

the provisions of subarticle (2) of article 1 of this Act, immediately

apply to successions which on the date when the said article is brought

into force would have taken effect less than nine years previously and

shall apply after one year from when the said article is brought into

force in the case of successions which would have taken effect at least

nine years before the said article has been brought into force.

(8) The provisions of article 46 of this Act shall, saving the

provisions of subarticle (2) of article 1 of this Act, immediately apply

to property which has been held in common for less than nine years on

the date when the said article is brought into force, and about property

which on the said date would have been held in common for at least

nine years the said provisions shall commence to apply one year after

the said article 46 has been brought into force.