Cap. 12 Art. 874Warrant to secure debt or claim.

(1) A warrant of prohibitory injunction may also be demanded by a creditor to secure a debt or any other claim amounting to not less than eleven thousand six hundred and forty-

seven euro (11,647). The object of such a warrant is to restrain the debtor from selling, alienating, transferring or disposing inter vivos such property as may be indicated in the application by onerous or gratuitous title or in any manner creating a burthen or real and, or personal rights; provided that such a warrant shall not apply to the constitution of any right on, or alienation or transfer of any property made pursuant to a court order, or over bank guarantees and letters of credit.

*Legal Notice which brought into force amendments made to this article 42 of 2016, by article 21 of Act IV of 2016, stated that the provisions of the said article 21 are to apply only to demands, for the issue of warrants, which are made after the 15th February, 2016.

(2) Where a warrant prohibits the sale, alienation, transfer or other disposal of immovable property the application shall contain all the particulars relating to the person against whom it is directed that are required by law in respect of the registration of a transfer of immovable property by such person in the Public Registry. Where the warrant refers to specific immovables, the application shall describe them in the manner provided for in the Public Registry Act, in respect of notes of enrolment, namely it shall apply with reference to the geographical data in question. Where the application refers to specific immovables it shall also be accompanied by a complete draft of the note of enrolment for filing in the Public Registry.

(3) The warrant referred to in sub-article (2) shall upon its issue and at the expense of the applicant, be served by the Registrar, within twenty-four hours, on the Director of the Public Registry and the Land Registrar or on such authority as may be nominated by the Minister responsible for justice, who shall forthwith register the same in books kept for the purpose. Such books shall be indexed and accessible to the public. It shall also be served upon any person indicated by the applicant.

(4) Upon registration of the warrant referred to in sub-article

(2) by the Director of the Public Registry, any future sale, alienation, transfer or disposal of immovable property to which the warrant refers shall be void and to no effect.

(5) Without prejudice to the provisions of article 836, the warrant referred to in sub-article (2) shall, unless previously revoked or otherwise ceasing to be in force, continue to have effect for a period of one year from the date of final judgment in favour of the creditor in his action for the recovery of the debt or claim referred to in sub-article (1).

(6) Where a warrant prohibits the sale or transfer of the shares in a commercial partnership, notice shall also be served on the Registrar of Companies and from the date of such service any transfer of shares shall be null.

(7) No action for damages shall lie against the Registrar for failure to comply with any of the provisions of this article except on the basis of wilful acts done in bad faith or of gross negligence.