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ACT No. XXVII of 2021 AN ACT to amend the Code of Organization and Civil Procedure, 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:-

4 Articles / Provisions · Malta
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Malta Government Gazette — Act 2021 27 · Gazzetta tal-Gvern ta’ Malta Nru. 20,636 – 01.06.2021 — ACT No. XXVII of 2021 AN ACT to amend the Code of Organization and Civil Procedure, 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:-

I assent.

(L.S.)

GEORGE VELLA

President

1st June, 2021

ACT No. XXVII of 2021

AN ACT to amend the Code of Organization and Civil Procedure,

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:-

Malta Government Gazette — Act 2021 27 · Gazzetta tal-Gvern ta’ Malta Nru. 20,636 – 01.06.2021 — ACT No. XXVII of 2021 AN ACT to amend the Code of Organization and Civil Procedure, 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 Code of Organization and Short title.

Civil Procedure (Amendment) Act, 2021 and this Act shall be read and

construed as one with the Code of Organization and Civil Procedure Cap. 12.

hereinafter referred to as "the Code".

Malta Government Gazette — Act 2021 27 · Gazzetta tal-Gvern ta’ Malta Nru. 20,636 – 01.06.2021 — ACT No. XXVII of 2021 AN ACT to amend the Code of Organization and Civil Procedure, 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:-

Immediately after article 833B of the Code there shall be Addition of new

added the following new articles

833C.Where a judicial letter has been filed to render

bills of exchange or promissory notes executable in

accordance with the proviso to article 253(e) there may be

filed the precautionary warrants referred to in article

830(1)(a), (b) and (d)

Provided that, when such letter is filed to render

notes issued in

bills of exchange or promissory notes executable in

accordance with the proviso to article 253(e), the

applicant shall attach a copy of such letter in the acts of

the precautionary warrant, and such warrant shall conform

with the provisions of Title VI of Book Third of this

Code.

833D.Where a judicial letter has been filed in

accordance with article 466, there may be filed the

precautionary warrants referred to in article 830(1)(a), (b)

and (d)

466. Provided that, when such letter is filed in

accordance with article 466, the applicant shall attach a

copy of such letter in the acts of the precautionary

warrant, and such warrant shall conform with the

provisions of Title VI of Book Third of this Code.".

Malta Government Gazette — Act 2021 27 · Gazzetta tal-Gvern ta’ Malta Nru. 20,636 – 01.06.2021 — ACT No. XXVII of 2021 AN ACT to amend the Code of Organization and Civil Procedure, 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:-

Sub-article (2) of article 838B of the Code shall be amended

by the following

(a) the words "when in accordance with article 166B

such judicial letter constitutes an executive title," shall be

substituted by the words "when in accordance with article 166B,

article 253(e) and article 466, such judicial letter, bill of

exchange or promissory note constitutes an executive title,"; and

(b) paragraph (a) thereof shall be substituted by the

following

"(a) in the case of a warrant issued under article

830(1)(b), (c), (d) and (f), the creditor shall file a note within

fifteen (15) days from when the executive title is obtained in

the acts of the same warrant and demand an extension or

reduction of the effects of the warrant to an amount

equivalent to the legal costs, interest and the principal

amount due in terms of the executive title obtained, and such

note is to be served upon the debtor and such persons as may

have any interest therein;".

Passed by the House of Representatives at Sitting No. 464 of the

24th May, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.36

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