Cap. 12 чл. 836Counter-warrant.

(1) Without prejudice to any other right under this or any other law, the person against whom any precautionary act has been issued, may make an application to the court issuing the precautionary act, or, if a cause has been instituted, may make an application to the court hearing such cause, praying that the precautionary act be revoked, either totally or partially, on any of the following grounds:

(a) that the precautionary act ceased to be in force;

(b) that any one of the conditions requested by law for the issue of the precautionary act does not in fact subsist;

(c) that other adequate security is available to satisfy the claim of the person at whose request a precautionary act was issued either by the issue of some other precautionary act or if such other security can to the satisfaction of the court adequately secure the claim; or

(d) if it is shown that the amount claimed is not prima justified or is excessive; or facie

(e) if the security provided is deemed by the court to be sufficient; or

(f) if it is shown that in the circumstances it would be unreasonable to maintain in force the precautionary act in whole or in part, or that the precautionary act in whole or in part is no longer necessary or justifiable.

(2) The person making the application according to sub-article

(1) shall, together with the application, file in writing all submissions to be made together with all documents in support of the demand that is being filed.

(3) The application, except for any application in terms of sub-article (1)(a), shall be served on the opposite party who may, within seven days from the service, file a note containing all submissions to be made together with all documents in support of the demand that is being filed.

(4) The court shall decide the application with urgency either or after hearing the advocates of the parties, if it deems in camera fit, provided that not more than one sitting may be fixed for such purpose.

(5) No appeal and no challenge shall lie from a decree acceding to an application referred to in sub-article (1), and such decree shall be final and irrevocable, and except in the case contemplated in sub-article (1)(a) a similar precautionary act may not be issued in security of the claim against the person against whom the precautionary act so revoked was issued, unless in the application for the issue of such similar precautionary act the applicant states that circumstances have arisen since the revocation of the previous precautionary act which justify the issue of a similar fresh precautionary act to that which has been revoked, and the provisions of this article shall thereupon apply to such precautionary act freshly issued on the basis of such application.

(6) The provisions of article 831(4) shall apply to the decree issued under sub-article (1)(a).

(7) Notwithstanding that adequate security for the satisfaction of the claim of the person at whose request the precautionary act was issued is deposited in the registry of the court, the court which issued the counter-warrant under the provisions of this article may still, on a request made by application by any interested person, investigate the legality or otherwise of the relative precautionary act and the court may also order the reduction of the amount of security deposited or declare the precautionary act to be contrary to law, in which latter case it shall give such orders as it may deem appropriate, including, if the case so warrants, the giving of the security back to the debtor.

(8) The court may condemn the applicant at whose request a precautionary act was issued to pay a penalty of not less than one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) and not more than six thousand and nine hundred and eighty-eight euro and twelve cents (6,988.12) in favour of the person against whom the precautionary act was issued, in each of the following cases:

(a) if the applicant, without any valid reason, does not bring the action in respect of the claim, within the time established by law;

(b) if, on demand of the defendant for the rescission of the precautionary act, the plaintiff fails to show that the precautionary act had to be issued or that within the fifteen days previous to the application for the precautionary act, he had in any manner called upon the defendant to pay the debt, or, if the debt be not a liquidated debt, to provide sufficient security: Provided that the provisions of this paragraph shall not apply where it is shown that there were reasons of urgency for the issue of the warrant;

(c) if the circumstances of the debtor were such as not to give rise to any reasonable doubt as to his solvency and as to his financial ability to meet the claims of the applicant, and such state of the debtor were notorious;

(d) if applicant’s claim is malicious, frivolous or vexatious.

(9) In the case under the previous sub-article, the court at the request, by application, of the person against whom the precautionary act was issued may condemn the applicant at whose request the precautionary warrant was issued to pay such damages as may have been caused by the issue of the warrant, and in any such proceedings the court shall refer to, and make use of, the records of the proceedings of the precautionary act and of any other proceedings arising therefrom or consequential thereto, and such records shall be admissible evidence for the purposes of this action.