ACT No. VIII of 2007 AN ACT to amend the Civil Code, Cap. 16.

I assent.

E DWARD F ENECH A DAMI

(L.S.)

President

26th June, 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) The short title of this Act is the Civil Code Short title and

(Amendment) Act, 2007, and it shall be read and construed as one commencement.

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.

Immediately after article 57 of the Code there shall be Addition of new

article to the

added the following new article

Code.

57A. Notwithstanding the foregoing

"Liquidation of

the community

provisions of this Sub-Title, the Court may

of acquests

referred to the choose that in its judgment it limits its

Arbitration

decision and instead of deciding on the

Centre.

liquidation of the community of acquests

subject to a declaration of dissolution, refer

the same to be decided by the Malta

Arbitration Centre.".

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.".

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.".

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''.''.

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,''.

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''.

Article 276 of the Code shall be substituted by the Substitution of

article 276 of

following new article

the Code.

''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.''.

In article 277 of the Code, and in the marginal note thereto, Amendment of

immediately after the word ''father'', wherever it occurs, there shall article

the Code.

be added the words ''or mother''.

Article 278 of the Code shall be amended as follows

Amendment of

article 278 of

the Code.

(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.''.

In subarticle (1) of article 279 of the Code, immediately Amendment of

after the words "of such child" there shall be added the words "and article

the Code.

the mother’s status shall not be declared or in any other manner

indicated".

In article 292A of the Code, immediately after the words Amendment of

''Name or names by which the child is to be called'', there shall be article

the Code.

added the words ''and Surname''.

Immediately after article 1028 of the Code there shall be

added the following new articles

1028A. (1) Whosoever, without a just cause,

"Enrichment to

the detriment

enriches himself to the detriment of others

of others.

Actio de in rem shall, to the limits of such enrichment,

verso.

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

Where the

actio de in rem

verso may not be exercised where the person who suffers the

be exercised.

loss may take another action to make up for

such loss.".

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

in article 381(1)(f), (g) and (h) of the Code of

Organization and Civil Procedure.".

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.".

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

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.".

In article 2012 of the Code, subarticle (1) shall be deleted Amendment of

article 2012 of

and substituted by the following new subarticle

the Code.

"(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.".

In article 2013 of the Code, subarticle (1) shall be deleted Amendment of

article 2013 of

and substituted by the following new subarticle

the Code.

"(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.".

In subarticle (1) of article 2016 of the Code, immediately Amendment of

after the word "immovable" there shall be inserted the words “and article

the Code.

movable”.

In subarticle (2) of article 2028 of the Code, immediately Amendment of

after the word "immovables" there shall be inserted the words "and article

the Code.

movables".

Article 2029 of the Code shall be substituted by the Substitution of

article 2029 of

following new article

the Code.

''2029. Special privileges over immovables and over those

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.''.

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.''.

In paragraph (h) of article 2042 of the Code, for the words

"immovable charged" there shall be substituted the words

"immovable and movable charged".

In article 2048 of the Code, for the words "the immovables

are" there shall be substituted the words "the immovables and

movables are".

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

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.''.

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.

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'';

(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.''.

Article 963 of the Code of Organization and Civil Amendment of

article 963 of

Procedure shall be amended as follows

the Code of

Organization

in subarticle (1) thereof, for the words ''Saving the and

(a)

Procedure.

provisions of articles 416 and 420,'' there shall be substituted the Cap. 12.

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),''.

(1) Immediately after subarticle (9) of article 15 of the Amendment of

Development Planning Act, there shall be added the following new the

Development

Planning Act.

subarticle

''(10) Appeals to the Court of Appeal from

decisions of the Board as provided in

subarticle (1) shall be made within fifteen days

from the day the decision 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.''.

(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.

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.

A NTON T ABONE

Speaker

R ICHARD J. C AUCHI

Clerk to the House of Representatives