ACT No. XV of 2012 AN ACT to amend the Civil Code and to provide for matters connected therewith or ancillary thereto.

I assent.

A NTON T ABONE

(L.S.)

Acting President

24th July, 2012

ACT No. XV of 2012

AN ACT to amend the Civil Code and to provide for matters

connected therewith or ancillary thereto.

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 title of this Act is Civil Code (Amendment) Act, Title and

2012 and this Act shall be read and construed as one with the Civil commencement.

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.

Article 4 of the Code shall be amended as follows

Amendment of

article 4 of the

Code.

(a)

in sub-article (2) thereof for the words "after which

she may add her husband’s surname." there shall be substituted

the words "after which she may add her husband’s surname:"

and immediately after there shall be added the following new

proviso

"However in the case where a woman was married

before the 4th of February, 2005, she shall be able to

readopt the surname of her predeceased spouse provided

that she submits Form S contained in Part II of the First

Schedule to this Code to the Public Registry Office, which

form shall contain a declaration that she chooses to readopt

the surname of her predeceased spouse. Such declaration

may not be made after the lapse of one year from date of

entry into force of this disposition and when it is delivered

to the Public Registry Office, the Director shall keep an

index with the predeceased spouse’s surname as well as the

surname of her last husband. This declaration made by

means of Form S shall be irrevocable and an annotation

shall be made in all the acts of the civil status of such

woman.";

(b) in sub-article (3) thereof for the words "of the

mother or the surname of her predeceased husband." there shall

be substituted the words "of the mother or the surname of her

predeceased husband:" and immediately after there shall be

added the following new proviso

"However in the case of children of the marriage

born before the 7th of August 2007, they may add their

mother’s maiden surname or the surname of her

predeceased husband after their father’s surname, provided

that they submit Form T contained in Part II of the First

Schedule to this Code, to the Public Registry Office, which

form shall contain a declaration that in their social life they

have added and made use of their mother’s maiden

surname or the surname of her predeceased husband after

assuming their father’s surname since birth. Such

declaration may not be made after the lapse of one year

from date of entry into force of this disposition and when

this form is delivered to the Public Registry Office, the

Director shall make an annotation of this declaration on

every act of the civil status of the person making such

declaration. This declaration made by means of Form T

shall be irrevocable."; and

(c) immediately after sub-article (6) thereof, there shall

be added the following new sub-articles

"(7) The descendants including the adopted

children of persons who have submitted Form T referred to

in sub-article (3) of this article to the Public Registry

Office may, by not later than one year following the

closing date to submit Form T also submit to the Public

Registry Office, Form U contained in Part II of the First

Schedule to this Code, declaring that they wish to use the

same surname as their ascendant’s was duly annotated in

his respective acts of the civil status by virtue of sub-

article (3) mentioned above. Upon receipt of such form the

Director of the Public Registry shall make an annotation of

this declaration on every act of the civil status of the

person making such declaration. This declaration made by

means of Form U shall be irrevocable.

(8) Where the children are under the age of

eighteen the declarations made by means of Form T and U

shall be made by the parents or, if both parents are

deceased, by their tutor or curator.

(9) The wife of a person who has submitted a

declaration made by means of Form T and U, shall assume

the husband’s surname as duly annotated, if upon marriage

she had chosen to assume her husband’s surname.

(10) A person in respect of whom a change in

surname has been annotated according to this article, shall

report the fact to the authorised officer under the Identity

Card Act who shall issue a new identity card that indicates

the surname in accordance to the annotation written in the

relative act of birth. The expenses for the issue of the new

identity card shall be borne by the person who changed the

surname.".

In sub-article (1) of article 62 of the Code immediately Amendment of

after the words "to her maiden surname" there shall be added the article

Code.

words "or to the surname of her predeceased husband".

Article 70 of the Code shall be amended as follows

Amendment of

article 70 of the

Code.

(a)

sub-article (3) thereof shall be deleted; and

(b) immediately after sub-article (4) thereof there shall

be added the following new sub-article

"(5) Without prejudice to the provisions of the

second proviso of article 73, if in its judgment the Civil

Court (Family Section) declares that the husband is not

the natural father of the child, it shall have effect to

change the child’s surname and that of his descendants

from that of the husband to the child’s mother’s maiden

surname.".

Immediately after article 70 of the Code there shall be

Addition of new

article 70A to the

added the following new article

Code.

70A. (1) Whenever the clarification of

"Natural

parentage.

natural parentage of a child is required -

(a)

the father may require the

mother and the child;

(b) the mother may require the

father and the child;

(c)

the child may require both

parents; and

(d) the alleged natural father may

require the husband, the mother and the

son,

to consent to a genetic paternity test and to

acquiesce in the taking of a genetic sample

appropriate for the test, which sample must be

taken according to the then current provisions

of the law.

(2) On the application of a person entitled

to clarify, the Civil Court (Family Section) must

substitute consent that has not been given and

order acquiescence in the taking of a sample.

(3) The Civil Court (Family Section)

shall dismiss the application if and as long as the

clarification of the natural parentage would

result in a considerable adverse effect on the best

interests of the minor child, which would be

unreasonable for the child, even taking into

account the concerns of the person entitled to

clarify.

(4) A person, who has consented to a

genetic paternity test and has given a genetic

sample, may require the person entitled to clarify

who has had a paternity test made, to permit

inspection of the genetic paternity test report or

to provide a copy. The Civil Court (Family

Section) shall decide disputes arising from the

claim under sub-article (1).

(5) The applications mentioned in this

article shall be decided by virtue of decrees,

which decrees may be appealed according to the

procedure contemplated in article 229(2) of the

Code of Organisation and Civil Procedure.".

In article 77D of the Code for the words "to submit to Amendment of

examinations as referred to in article 70(3)" there shall be article

77D of the

Code.

substituted the words "to submit to examinations as referred to in

article 70A", and in the marginal note thereof for the words

"70(3)" there shall be substituted the words "70A".

Article 84 of the Code shall be substituted by the Substitution of

article 84 of the

following

Code.

84. No prescription shall run for an

"Action not

barred by

action for a child to establish his proper

prescription.

filiation.".

Immediately after article 86 of the Code there shall be Addition of new

article 86A to the

added the following new article

Code.

86A. (1) The mother of a child

" Judicial

demand.

conceived or born out of wedlock who is not

acknowledged by the father, and that same

child, may at all times make a judicial

demand to establish the paternity of the child

and for the court to order the registration of

such paternity in the relative acts of civil

status.

(2) The judicial demand referred to in

sub-article (1) may also be sought by the heirs

or the descendants of the child if the same

circumstances as those which are referred to in

article 85 will exist.".

Article 100A of the Code shall be substituted by the Substitution of

article 100A to

following

the Code.

100A. In causes to which this Sub-Title

"Genetic proof.

makes reference, the court may, without

prejudice to any evidence that may be

produced by the parties according to law,

requires the parties to submit to examinations

as referred to in article 70A, and in the same

manner and in the same circumstances.".

Article 223 of the Code shall be substituted by the Substitution of

article 223 of the

following

Code.

" Absolute

223. If the absence has continued for a

possession.

period of six years since provisional possession

has been granted, or if an application made by

the testamentary heirs or the heirs-at-law of the

absentee before the court of voluntary

jurisdiction of the island in which the absentee

last resided against curators appointed by the

said court such absence has been declared by a

decree to have subsisted for a period of ten

continuous years from the day the absentee was

last heard of, the court of voluntary jurisdiction

shall, upon the demand of the parties

interested, award a decree, granting absolute

possession of the property and the absolute

exercise of the rights depending upon the death

of the absentee, discharging the securities and

directing any other caution which may have

been imposed if any, to cease

Provided that if the absent person is a

minor, the period of absence established under

this article shall run from the day such person

would have attained majority.".

Article 239 of the Code shall be amended as follows

(a)

sub-article (2) thereof shall be substituted by the

following

"(2) A copy of an act, registered as provided in

sub-article (1) and transmitted to the Director by any

electronic means, or any true copy thereof, shall be

deemed a true and authentic copy for all purposes of law

provided this copy is signed by the Director receiving it.";

and

(b) immediately after sub-article (2) thereof there shall

be added the following new sub-article

"(3) For the purposes of this article the

Director’s signature may also be an electronic

signature according to the meaning as is

assigned to it in the Electronic Commerce

Act.".

Article 251 of the Code shall be amended as follows

(a)

in sub-article (1) thereof immediately after the

words "and extracts therefrom, signed" there shall be inserted

the words ", manually or electronically as defined in the

Electronic Commerce Act,";

(b) in the second proviso to sub-article (3) thereof for

the words "Provided further that in any copy or extract of any

act of birth registered before the coming into force of this

proviso -" there shall be substituted the words "Provided

further that in an extract of any act of birth -"; and

(c)

in paragraph (d) of sub-article (3) thereof for the

words "shall remain" there shall be substituted the words "shall

not be entered".

In article 252 of the Code immediately after the words "as Amendment of

the certificates signed by the Director" there shall be inserted the article

Code.

words ", manually or electronically as defined in the Electronic

Commerce Act".

Article 253 of the Code shall be amended as follows

Amendment of

article 253 of the

Code.

(a) for sub-article (2) thereof, there shall be substituted

the following

"(2) It shall be lawful for any person to bring an

action for the registration of the name or names, which

name or names the person shall have used or shall have

been used for him by his family, and which shall be

declared by the court as being the name or names by which

the person has been consistently called, in substitution of

the name or names appearing on the relative act of birth as

the name or names given to the child and the name or

names by which the child is to be called

Provided that the judicial demand mentioned in this

sub-article shall not be allowed when the name or names

that the person shall have used or shall have been used for

him by his family, are only a shortened version or an

abbreviation of the name or names appearing on the

relative act of birth."; and

(b) immediately after sub-article (2), there shall be

added the following new sub-article

"(2A) Where, in the circumstances mentioned in

the provisions of sub-article (2), the name or names that

the person shall have used or shall have been used for him

by his family are not necessarily a different name or names

but a translated version in another European language of

the same name or names that are registered in the act of

birth, and the use of that translated name or names result

from another act of civil status of such person or from a

Maltese identity card or passport that has been issued to

him before the 31 December 2011, the Director of Public

Registry, upon a written request which has to be sustained

by a sworn declaration made by the person concerned, may

after he is satisfied with the correctness and veracity of

such request and sworn declaration, proceed by inserting

an annotation that reflects such change of name or names

in the acts of civil status that concerns such person.".

In sub-article (5) of article 269 of the Code for the words

"but the registers and books kept" up to the words "by the Minister

responsible for justice." there shall be substituted the words "but

the registers and books kept under this sub-article, the adoption

decrees and any amendment thereof communicated to the Director of

the Public Registry, and any index thereof shall not be open to public

inspection or search, and nor shall the Director of the Public Registry

furnish any information contained in or any copy or extract from any

such registers, books or decrees to any person, except under an order

of a court or in exceptional cases, to any public officer duly

authorised for that purpose by the Minister responsible for justice.".

In article 272 of the Code, for the words "within five days"

there shall be substituted the words "within fifteen days".

In the Maltese version of subparagraph (iii) of paragraph

(e) of article 278 of the Code immediately after the words "tliet mitt

jum mid-data" there shall be added the words "tas-separazzjoni

Immediately after article 278 of the Code there shall be

added the following new article

" Registration of

278A. The Director of Public Registry

names.

may refrain from registering the name or

names given to the child in the relative act of

birth, if the name or names, given to the child

(a)

is shorter than three letters;

(b) includes numbers or symbols;

(c)

is a common surname in

Malta;

(d) is derived from an obscene or

offensive word or it consists of a word or

words associated with sexual activity; or

(e)

exposes the child to ridicule

or contempt.".

Sub-article (2) of article 280 of the Code shall be amended Amendment of

article 280 of the

as follows

Code.

(a)

in paragraph (a) thereof for the words "at least two

trustworthy persons; or" there shall be substituted the words

"at least two trustworthy persons;"; and

(b) in paragraph (b) thereof for the words "separated

from his wife." there shall be substituted the words

"separated from his wife; or"; and

(c)

immediately after paragraph (b) thereof there shall

be inserted the following new subparagraph

"(c) if before the notice of the birth is given the

husband and the woman together declare in writing and

on oath before one of the Visitors of notarial acts that

during the whole period of the three hundred days next

preceding the day of the birth of the child they did not

have a sexual relationship together.".

In sub-article (1) of article 289 of the Code the words "or, Amendment of

subject to the provisions of article 280, acknowledged by the article

Code.

father himself in a public deed," shall be deleted.

Sub-article (1) of article 296 of the Code immediately after Amendment of

the words "give notice thereof in writing," there shall be inserted the article

Code.

words "manually or electronically signed as defined in the Electronic

Commerce Act,".

Immediately after article 495A of the Code there shall be Addition of

article 495B to

inserted the following new article

the Code.

495B. In the case of inheritance which

"Inheritance

which occurs

occurs after the 1st January, 2012, the period

after the 1st

January, 2012.

stipulated in articles 495(3) and 495A(1) shall be

five years.".

In sub-article (2) of article 615 of the Code for the words Amendment of

"the said period of two years." there shall be substituted the words article

Code.

"the said period of two years:" and immediately after there shall be

inserted the following proviso

"Provided that the Court may, if the circumstances of the

case so require, decide not to award any interest or establish a

rate of interest which is lower than that stipulated in article

1139.".

Article 815 of the Code shall be deleted.

Sub-article (2) of article 860 of the Code shall be amended

as follows

(a)

in sub-article (2) thereof immediately after the

words "in which the deceased resided at the time of his death"

there shall be inserted the words "or by a declaration made

by an act of notary public"; and

(b) immediately after sub-article (2) thereof there shall

be inserted the following new sub-article

"(3) The declaration of renunciation referred to

in this article shall not be operative with regard to third

parties except from the time when it is registered in the

Public Registry according to the provisions of article

330(2).".

Sub-article (1) of article 1332 of the Code shall be

amended as follows

(a)

in paragraph (d) thereof for the words "either

generally or to a great extent." there shall be substituted the

words "either generally or to a great extent; or"; and

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

be inserted the following new paragraph

"(e) upon the legal separation of the spouses.".

Immediately after Form R in Part II of the First Schedule

to the Code there shall be inserted the following new forms

"FORM S

(Article 4(2))

DECLARATION OF A WOMAN WHO WAS MARRIED BEFORE THE 4TH

OF FEBRUARY 2005 WHO CHOOSES TO RE-ADOPT THE SURNAME OF

HER PREDECEASED SPOUSE

I the undersigned, declare that I in the presence of my husband and of the

undersigned, witness that I choose to re-adopt the surname of my predeceased spouse

(chosen surname)

Details of present marriage

Name and Maiden

Name and Surname of

Date and Place of Marriage

Husband

Surname of Wife

Details of previous marriage

Particulars of the previous marriage

Particulars regarding the wife’s predeceased spouse at the date of the previous marriage

Name and Surname of Parents

Name and

Age

Place of Birth

Surname

and whether alive or deceased

*No. of Act of Marriage

*Date of marriage

*Note: When the marriage or

death are not registered in the

Public Registry evidence has to

be brought according to the

Day Month Year

Director’s exigencies

*No. of Act of Death

*Date of Death

Day Month

Year

Wife’s Signature______________ Husband’s Signature ______________ Submitted on ___________

Witnesses’ Signature _________________

From ______________

FORM T

(Article 4(3))

DECLARATION OF A CHILD OF THE MARRIAGE

BORN BEFORE THE 7TH AUGUST 2007 ON THE USE OF A SURNAME

* I the undersigned ,declare in the presence of the undersigned, witness that in social

life I have always added my mother’s maiden surname or the surname of her prede-

ceased husband* after my father’s surname, and therefore the surname I always used

is

(surname in full)

Name and Surname of

Place of

Parents of spouses in

Particulars

Name and Surname

Age

regarding

Birth

marriage and whether

alive or deceased

The child

years

Particulars regarding the act of birth

** No of Act of

Date

Place of Birth

Birth

Day Month

Year

Particulars regarding other acts of civil status where it appears that the

declarator***

Nature of the Act of

Day

Month

Year

Civil Status****

Name and Surname of Parents

and whether alive or deceased

Declarator’s Signature ______________ Submitted on _______________ From__________________

Witness’ Signature _________________

Notes

*Delete where required

**When the birth is not registered in the Public Registry evidence has to be brought according to the

Director’s exigencies

*** When the act is not registered in the Public Registry evidence has to be brought according to the

Director’s exigencies

**** List whether the act is of birth, marriage or death

FORM U

(Article 4(7))

DECLARATION OF THE USE OF A SURNAME OF NATURAL CHILD

OR ADOPTED PERSON OF THE PERSON WHO SUBMITTED FORM T

I the undersigned, declare in the presence of the undersigned witness, that I intend to

adopt my father’s surname as noted in his act of birth according to article 4(3), which

is

(surname in full)

Name and Surname of

Place of

Parents of spouses in

Particulars

Name and Surname

Age

regarding

Birth

marriage and whether

alive or deceased

The declarator

years

Particulars regarding the act of birth

*No of Act of

Date

Place of Birth

Birth

Day Month

Year

Particulars regarding other acts of civil status where it appears that the declarator**

No of the Act of

Nature of Civil

Day

Month

Year

Civil Status ***

Status

Name and Surname of

Parents and whether alive

or deceased

Declarator’s Signature ______________ Submitted on _______________ From__________________

Witness’ Signature _________________

Notes

*When the birth is not registered in the Public Registry evidence has to be brought according to the

Director’s exigencies

**When the act is not registered in the Public Registry evidence has to be brought according to the

Director’s exigencies

*** List whether the act is of birth, marriage or death ".

Sub-article (1) of article 50 of the Notarial Profession and

Notarial Archives Act shall be amended as follows

(a)

in paragraph (m) thereof for the words "a private

foundation is established.", there shall be substituted the words

"a private foundation is established;"; and

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

be added the following paragraph

"(n) any act to renounce an inheritance".

In item 9 of the First Schedule to the Public Registry Act

immediately after the words "For every" there shall be inserted the

words "declaration to renounce an inheritance, every".

Passed by the House of Representatives at Sitting No. 500 of the

9th July, 2012.

M ICHAEL F RENDO

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives