Law library and case analysis · Austria · Belgium · European Union
LAWxPERT Sign in Free account

Cap. 12 · Code Of Organization And Civil Procedure (Cap. 12)

Cap. 12 Art. 929Where curators are to be appointed in superior courts or Gozo court in superior jurisdiction.

Title XI

In forceOfficial text

Besides the cases where by express provision of this Code the appointment of curators is necessary, the court shall also appoint curators to appear in and defend proceedings in any of the superior courts or in the Court of Magistrates (Gozo) in its superior jurisdiction -

(a) in the interest of any absent person or minor not legally represented, or person with a mental disorder or other condition, which renders him incapable of managing his own affairs, or person interdicted or any person uncertain who is entitled to succeed to an entail or to any vacant inheritance not legally represented or any person who may in future be entitled to succeed to such entail or inheritance; or

(b) in the interest of any person not known to be living or presumed to be dead, where, for the purposes of any action, it is necessary judicially to call upon such person; or

(c) in the interest of any person presumed to be dead, where any other person claims to succeed to the rights of such person; or

(d) in the interest of any commercial partnership registered or established under the Commercial * Partnerships Ordinance or any other law substituting the same Ordinance or any body of persons or other organization if the person or any of the persons vested with the representation thereof is or are absent from Malta or where there is or are no such person or persons, or enough persons vested with such representation.

Amendment history
  • Amended by II.2012.11