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

Cap. 12 ст. 865EWarrant not below certain values.

Sub-title IV A

ДействуетОфициальный текст

(1) A warrant may be demanded and obtained before the

Court of Magistrates (Malta) or before the Court of Magistrates

(Gozo) in its inferior jurisdiction or before the First Hall of the

Civil Court in security of a debt or any other claim whatsoever subject to the following limitations:

(a) aircraft:

(i) in all cases the amount of the claim must not be for less than seven thousand euro;

(ii) in case of an aircraft being used for public air transport of passengers or goods:

(aa) for aircraft permitted to carry less than ten passengers, the claim must not be for less than two hundred and fifty thousand euro; and

(bb) for aircraft permitted to carry more than ten passengers the claim must not be for less than one million euro;

(b) engines:

(i) if the engine is not attached to the aircraft the claim must be for not less than seven thousand euro;

(ii) if the engine is attached to an aircraft referred to in paragraph (a)(ii)(aa) the claim must not be for less than fifty thousand euro;

(iii) if the engine is attached to an aircraft referred to in paragraph (a)(ii)(bb) and the engine is not owned by the owner of the aircraft, the claim must not be for less than one hundred thousand euro; and

(iv) if the engine is attached to an aircraft referred to in paragraph (a)(ii)(bb) and the engine is owned by the owner of the aircraft, the claim must not be for less than one million euro.

(2) The limitations on the amount of the claim stated in this article do not apply to:

(a) any claims made by holders of a mortgage or an international interest or a security interest when such mortgage or interest has been registered or is recognized under Part IV or in accordance with Part VI of the Aircraft Registration Act; or

(b) any claims made by holders of an international interest for the repossession of an aircraft engine when such interest has been registered in accordance with Part VI of the Aircraft Registration Act.

(3) In this article reference to the amount of the claim is a reference to the principal due and no reference shall be made to any interest accrued or accruing or to other costs.

История изменений
  • Amended by LII.2016.34