The regulation of executive warrants : a time of reform

Abstract

The subject matter of this thesis is the regulation of executive warrants under Maltese law. The 'executive warrant' is the principal tool that a creditor may utilize to enforce his rights against uncooperative debtors. There are various forms of executive warrants, each with its specific purpose and mode of procedure. The study also examines the recently published White Paper and Draft Bill by the Ministry for Justice and Home Affairs on proposed amendments to these executive warrants. The introduction sheds light on the aim of the study, the sources analysed and the methodology employed. The first chapter examines the executive titles listed in the Code of Organization and Civil Procedure (Cap. 12), since these are vital for the issuing of executive warrants. This chapter serves as a prelude to the reader in understanding subsequent chapters. The second chapter deals with the executive warrant of seizure of movable property, and with the proposed warrant of seizure of commercial going concerns. It also discusses certain notions that are common to other warrants, such as the role of the Executive Officer and the process involved vis-a-vis the execution and revocation of warrants. Chapter three outlines theprocedure of the 'judicial sale by auction' and how this institute is intended to be amended. Chapter four describes the mechanism of the garnishee order and the effects it generates. It also examines which property is not subject to attachment and the exceptions thereof. Chapter five tackles the warrant of ejectment or expulsion from immovable property, with particular reference to the notion of competence and to the cases where an eviction order may be demanded. Chapter six analyses the warrant in factum and the exclusive instances where this extraordinary warrant may be granted. The innovative warrant of the executive arrest of aircraft or sea vessels, the warrant in procinctu and other amendments are summed up in chapter seven.