Code of Organization and Civil Procedure

L.N. 372 of 2011

CODE OF PRGANIZATION AND CIVIL PROCEDURE

(CAP. 12)

Code of Organization and Civil Procedure

(Amendment of Schedule B) Regulations, 2011

IN EXERCISE of the powers conferred by article 1007(3) of the

Code of Organization and Civil Procedure, the Minister for Justice

and Home Affairs has made the following regulations:-

(1) The title of these regulations is the Code of

Organization and Civil Procedure (Amendment of Schedule B)

Regulations, 2011, and these regulations shall be read and

construed as one with Schedule B to the Code of Organization and

Civil Procedure, hereinafter referred to as "Schedule B".

(2) These regulations shall come into force on the 1st October,

2011.

Schedule B shall be amended as follows

(a)

immediately after Form No. 22, there shall be added

the following new form

" No. 22A

Warrant of Prohibitory

Injunction in cases of divorce

restraining the other spouse.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath: -

That the applicant (here insert "has brought" or "intends to bring") before the

court of contentious jurisdiction a suit for divorce;

That in order to secure his rights the applicant desires the court to issue a

warrant of prohibitory injunction against the respondent

(a) restraining the said respondent from selling, alienating, transferring

or disposing inter vivos whether by onerous or gratuitous title any

shareholding in any commercial partnership if such shareholding is

comprised in the community of acquests, and in particular (here

insert particulars of the commercial partnership/s); and

(b) restraining the respondent from contracting any debt or suretyship

which is a charge on the community of acquests; Wherefore, the

applicant respectfully requests that this Court orders the issue of the

relative warrant of prohibitory injunction against the respondent.

Legal Procurator

day of

Confirmed on oath before me, after I have read to him the contents, and in the

presence of

witness to identity, and filed by

(Registrar’s signature)

No. 22A

Warrant of Prohibitory

Injunction in cases of divorce

restraining the other spouse.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it contains the elements

required according to law for the issue of the orders herein contained;

You are, therefore, on the said application, hereby ordered that, by delivering a

copy of this warrant to respondent, you shall restrain such respondent from

selling, alienating, transferring or disposing inter vivos by onerous or gratuitous

title any shareholding in any commercial partnership if such shareholding is

comprised in the community of acquests, and from contracting any debt or

suretyship which is a charge on the community of acquests;

You are enjoined to notify the respondent that this warrant does not apply to

the constitution of any right on, or alienation or transfer of, any property made

pursuant to a court order;

You are further ordered to execute this warrant forthwith and to restrain the

respondent from carrying out those things mentioned in the said application

which are prejudicial to the applicant, under the penalties established for

contempt of Court;

And, after execution, or upon meeting any obstacle in the execution hereof,

you shall forthwith report to the Court.

Given by the name (name of Court)

and witnessed by

Doctor of Laws,

of this Court.

This,

day of

0.23 cents ";

and

(b) immediately after Form No. 23, there shall be added

the following new form

" No. 23A

Warrant of Prohibitory

Injunction in cases of

divorce restraining

a commercial partnership.

In (here insert name of Court)

(Applicant) ......................................

versus

(Respondent) ......................................

Application of

Respectfully sheweth and confirms on oath

That the applicant (insert here "has brought" or "intends to bring") before the

court of contentious jurisdiction a suit for divorce;

That the respondent has a majority shareholding, pertaining to the community

of acquests in the commercial partnership/s (here insert particulars of the

commercial partnership/s);

That in order to secure his rights, the applicant desires the Court to issue

against the said commercial partnership/s a warrant of prohibitory injunction

restraining it/them from selling, alienating, transferring or otherwise disposing

by onerous or gratuitous title, any immovable property or rights annexed thereto

owned by the commercial partnership/s, and in particular (here insert particulars

of immovables as required by the Public Registry Act)

Wherefore, the applicant respectfully requests that this Court orders the issue

of a warrant of prohibitory injunction against the said commercial partnership/s.

Advocate

Legal Procurator

This,

day of

Confirmed on oath before me, after I have read to him the contents, and in the

presence of

witness to identity, and filed by

(Registrar’s signature)

No. 23A

Warrant of Prohibitory

Injunction in cases of divorce

restraining a commercial partnership.

REPUBLIC OF MALTA

COURT WARRANT

To

Marshal of the Courts

WHEREAS the attached application has been filed and it contains the elements

required according to law for the issue of the orders herein contained;

You are, therefore, in the said application, hereby ordered that, by delivering a

copy of this warrant to (here insert particulars of the commercial partnership/s),

you shall restrain the said commercial partnership/s from selling, alienating,

transferring or otherwise disposing by onerous or gratuitous title, any immovable

property or rights annexed thereto owned by the said commercial partnership/s;

You are enjoined to notify the respondent that this warrant does not apply to

the constitution of any right on, or alienation or transfer of any property made

pursuant to a court order;

You are further ordered to execute this warrant forthwith and to restrain the

said commercial partnership/s from carrying out those things mentioned in the

said application which are prejudicial to the applicant, under the penalties

established for contempt of Court;

And, after execution, or upon meeting any obstacle in the execution hereof,

you shall forthwith report to the Court.

Given by the (name of Court)

and witnessed by

Doctor of Laws,

of this Court

This,

day of

0.23 cents ".

€0.54