Executive titles : a contemporary reappraisal

Abstract

This thesis presents an overview of executive titles under Maltese law. The objective of civil proceedings is to give effect to the subject of certainty. This is where executive titles come into the picture, they serve to promote enforcement. There are various forms of executive titles, each of which is being dealt with in this thesis. The thesis is substantially based on Book Second, Part I, Title VII, Of the Enforcement of Judgments and other Executive Titles, of the Code of Organisation and Civil Procedure (Chapter 12 of the Laws of Malta). However, other laws dealing with executive titles are being addressed in the final chapter of the thesis. The first chapter gives an introduction to the subject matter of the thesis by stating the purpose and effects of executive titles in general. The following chapters proceed to give an overview of the executive titles established in article 253 of the Code of Organisation and Civil Procedure and other laws. Chapter two deals with judgments and decrees of the courts of justice of Malta, and the following chapter looks into contracts that constitute an executive title. The fourth chapter deals with the following two executive titles found in article 253 being taxed bills of costs and awards of arbitrators. The final executive title dealt with in article 253 is being analysed in Chapter five of this thesis entitled 'Bills of Exchange and Promissory Notes'. The final chapter entails a list of all the other relevant laws which deal with executive titles. Judgments are used throughout the thesis to help understand better executive titles and how they work in practice. In conclusion to this thesis, the effect of the executive titles was examined. Particularly, the effect that the later introductions to the law had on the judicial system as a whole.