ACT No. XIII of 2016 AN ACT to amend the Civil Code, Cap. 16, and to provide for matters ancillary or consequential thereto.

I assent.

M ARIE L OUISE

(L.S.)

C OLEIRO P RECA

President

26th February, 2016

ACT No. XIII of 2016

AN ACT to amend the Civil Code, Cap. 16, and to provide for

matters ancillary or consequential 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:-

The short title of this Act is the Civil Code (Amendment)

Act, 2016, and this Act shall be read and construed as one with the

Civil Code, hereinafter referred to as ''the Code''.

Immediately after article 1864 of the Code, there shall be

added the following new article

1864A. (1) A mandate given by a person of full age

in anticipation of his incapacity to a mandatary, for the

latter to take care of the mandator or to administer his

property shall be drawn, under pain of nullity by a notary

public in the presence of two witnesses in accordance

with the requirements of article 655(1) of this Code, after

having obtained a medical declaration that circumstances

so require in the best interests of that person. This

mandate shall be registered in the same manner as any

one of the acts mentioned in article 50 of the Notarial

Profession and Notarial Archives Act.

(2) In the case of a person of full age,

performance of the mandate shall be conditional upon the

occurrence of the incapacity and after obtaining the

necessary approval from the court of voluntary

jurisdiction upon application by the mandatary

designated in the act. The court of voluntary jurisdiction

may impose those conditions that it may deem necessary.

(3) (a)

For the purpose of termination of the

mandate, that termination has to be drawn by a notary

public in the same manner as the mandate was

constituted and the termination shall be accompanied by

a sworn medical certificate which confirms that the

incapacity has ceased and that termination has to be

approved by the court of voluntary jurisdiction. That

termination shall be registered in the same manner as any

one act mentioned in article 50 of the Notarial Profession

and Notarial Archives Act.

(b) Such

termination

shall

be

communicated or notified, as the case may be, to the

mandatary who shall be bound to cease from representing

the mandator with immediate effect. The registrar of the

court of voluntary jurisdiction shall send a copy of the

termination approved by the court of voluntary

jurisdiction to the Chief Notary to Government who shall

enter the particulars of such termination in a register held

by him for the purpose and which shall be accessible to

the public during office hours.

(c)

If the mandatary continues to represent

the mandator after the termination has been

communicated or notified to him, the mandatary shall be

held personally responsible for damages and shall be

considered as acting in contravention of this article.

(4) The provisions of sub-title II of Title XVIII of

Part II of Book Second of the Code shall, mutatis

mutandis, apply to a mandatary appointed in terms of this

article.".

Passed by the House of Representatives at Sitting No. 359 of the

22nd February, 2016.

Ċ ENSU G ALEA

Deputy Speaker

R AYMOND S CICLUNA

Clerk of the House of Representatives

€0.36