Atti Kawtelatorji : to what extent are precautionary warrants adequate in safeguarding a person’s rights to secure a claim before the Civil Court?

Abstract

This paper gives a concise but incisive view of the relevant provisions of the law surrounding precautionary warrants, atti kawtelatorji, provided in Articles 829 through to 877 of the Code of Organization and Civil Procedure (COCP) Chapter 12 of the Laws of Malta. All warrants are issued by the court. The procedure of application, and issuance of warrants by the Maltese. Courts, and the question of whether these acts do indeed safeguard, the rights of an individual, both before a case commences, and before a judgment is concluded, will be discussed. The contribution this study seeks to make is to assess the effectiveness of Malta's atti kawtelatorji in protecting the rights to a claim of any individual in Malta's courts of law.