Enforcement means that a judgement is given effect.
This depends on the request made. For instance, a hypothecary registration is made by the Director of the Public Registry after receiving an authenticated copy of the judgment together with a certificate from the registrar indicating that there has been no appeal from the judgment and the time for filing such an appeal has lapsed or that it is not possible to appeal from the judgment.
According to general law, the Code of Organisation and Civil Procedure (Cap. 12 of the Laws of Malta), the following are executive titles:
There are also various other executive titles emanating from special laws, for instance, fiscal laws.
The acts by means of which, according to circumstances, the executive titles may be enforced are:
If an executive title is brought into force by means of Section 166A, the applicant for the registration of a judicial letter which qualifies as an executive title shall present to the Registrar of the Court a legal copy of the judicial letter, including evidence of service, and a copy of any response received thereto, if any.
With regard to other executive titles, the procedure varies according to their nature. This can be found in the Code of Organisation and Civil Procedure, Section 252 et seq.
Conditions vary according to their nature. This can be found in the Code of Organisation and Civil Procedure, Section 252 et seq.
Movable property is subject to enforcement, including:
However, not subject to seizure are the following:
Immovable property, commercial concerns, ships, vessels and aircraft are subject to seizure.
Garnishee orders cannot be issued on:
The effect is that executive titles are enforced and through them one takes one’s property according to law.
It depends on the case but in general it can be said that Executive Warrants remain valid until the title, on the basis of which they were issued, remains enforceable. The garnishee order cannot be extended and remains in force until it is annulled by court decree.
A person against whom an executive warrant is issued or any other interested person, may file an application in that court issuing the act requesting the annulment of the executive act, either in whole or in part only. The application is to be notified to the opposing party who, within ten days, shall file a reply containing all the submissions they may wish to make. The court shall rule on the application after hearing the parties. An appeal from said decree may be filed by means of an application within six days from the date on which the decree is read out in open court.
Judgments given by the Superior Courts may become enforceable again after ten (10) years from the date when the judgement or decree may have been enforced. Judgments of the Inferior Courts or of the Small Claims Tribunal may become enforceable again after five years have elapsed. Executive titles by means of a contract when the debt is certain, liquidated and due, actions under section 166A of Cap. 12 of the Laws of Malta, and bills of exchange and promissory notes may be made enforceable again after three years have elapsed. They are rendered enforceable again by means of an application before the competent court. The applicant shall also confirm on oath the type of debt or the claim for which they are seeking enforcement and that the debt or part of it is still due. In addition to this, in these circumstances a thirty (30) year prescription applies but this time limit may be interrupted by means of the abovementioned application.
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