Cap. 12 Art. 745Rules as to jurisdiction between the several courts of Malta.

In regard to the jurisdiction as between the several courts of Malta, by reason of the presumed residence of parties, absent or under any legal disability, or of any body corporate or other body having a distinct legal personality, unless for other reasons the action be within the exclusive jurisdiction of one of the said courts, the following rules shall be observed:

(a) citizens of Malta and all other persons domiciled in

Malta, who are absent therefrom, shall be presumed to be resident in their last place of abode in Malta;

(b) any other person, not domiciled in Malta, shall, in the cases referred to in article 742(1)(c) and (f), be presumed to be resident in the place in which the property is situate or exists, notwithstanding that the action be not, for such reason, within the exclusive jurisdiction of the court of the aforesaid place;

(c) a minor subject to parental authority is presumed to reside in the place in which the parent exercising that authority resides;

(d) any person under the care of a tutor or curator is presumed to reside in the place in which the tutor or curator or any one of the tutors or curators resides;

(e) any body corporate or other body having a distinct legal personality, is presumed to have its residence in the place in which any one of the representatives of such body or person resides;

(f) any person represented by an attorney or agent in Malta, or who is allowed to sue and to be sued in the person of his attorney or agent, is presumed to be resident in the place in which the attorney or agent or any one of the attorneys or agents, if more than one, resides, if the action is brought against such attorney or agent;

(g) in regard to a vacant inheritance, the competent court shall be that of the last place of abode of the deceased, where such place is known; where such place is not known, the competent court shall be that of the place in which the property is situate or exists, or if there is no property, the court of the place in which the plaintiff resides.