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

Cap. 12 ст. 310Valuation of immovable property to contain description of property, etc.

Sub-title II

ДействуетОфициальный текст

(1) In the valuation of immovable property, the experts shall include a description of the property stating the burdens, leases and other rights whether real or personal, if any, to which the property is subject, as well as the last transfer of such property according to the information obtained from the creditor or from the debtor and such description shall include the following:

(a) an indication of the area and height of the property subject to judicial sale;

(b) a plan or a sketch which shows the number of rooms constituting the property and their size;

(c) a report as to whether the property is built in line with building permits and sanitary rules;

(d) a copy of the deed of acquisition; and

(e) a declaration as to whether the place is inhabited or occupied by third parties, and under which title it is so occupied: Provided that if the occupier, when so requested by the expert to give the information referred to in paragraph (e), fails to do so, the expert shall include a declaration to that effect in his report:

Provided further that if the Court is satisfied that the occupier failed to give the information referred to in the first proviso without just cause, the Court may find the occupier to be in contempt of court and he shall be liable on conviction to a punishment consisting of a fine (multa) of not less than two hundred euro (€200) and not more than one thousand euro (€1,000)

(2) It shall be lawful, at the written or verbal request of the expert or the creditor, to compel the debtor to confirm on oath, to be administered by the court or the registrar, the information given to or required by the expert.

(3) The debtor shall be called upon to give the above information by means of a letter from the registrar.

(4) The provisions relating to witnesses shall apply to any debtor called upon as aforesaid.

История изменений
  • Amended by IV.2016.13