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The Various Laws (Civil Matters) (Amendment No.2) Act, 2008 (Bill No.13)

A BILL

entitled

AN ACT to amend various laws relating to civil matters.

Short title and commencement.

Amendments to the Civil Code. Cap. 16.

Amendment of article 1322 of the Code.

BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:-

1. (1) The short title of this Act is the Various Laws (Civil

Matters) (Amendment No. 2) Act, 2008.
(2) This Act shall come into force on such date as the Minister responsible for justice may by notice in the Gazette appoint, and different dates may be so appointed for different purposes and for different provisions of this Act.
PART I

2. This Part amends the Civil Code and it shall be read and construed as one with the Civil Code, hereinafter in this Part referred to as "the Code".

3. Subarticle (4) of article 1322 of the Code shall be substituted by the following new subarticle:

"(4) Any money deposited in a bank and any investment instrument, as defined in the

Cap. 370.

Second Schedule of the Investment Services
Act, to the credit of a married person may
only be withdrawn by such married person and it s hall not be enquire d whethe r such
money or investment instrument belongs to
the community of acquests or not.".

Amendment of article 2010 of the Code.

4. Article 2010 of the Code shall be amended as follows:

(a) for the words "The privileged creditors over immovables are" there shall be substituted the words "The privileged creditors over immovables or movables are";
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(b) in the third paragraph of paragraph (b) thereof, for the words "over the immovable of which he has been dispossessed, for the repairs and improvements made in or on such immovable" there shall be substituted the words "over the immovable or movable of which he has been dispossessed, for the repairs and improvements made in or on such immovable or movable"; and
(c) in the fourth paragraph of paragraph (b) thereof, for the words "for the preservation of the immovable extends to the whole amount of the debt; in any other case, it is limited to the sum corresponding to the increase in the value of the immovable" there shall be substituted the words "for the preservation of the immovable or movable extends to the whole amount of the debt; in any other case, it is limited to the sum corresponding to the increase in the value of the immovable or movable".

5. In article 2069 of the Code, for the words "retain over the immovables" there shall be substituted the words "retain over the immovables or movables", and for the words "into whosesoever hands such immovables may pass" there shall be substituted the words "into whosesoever hands such immovables or movables may pass".

6. In article 2071 of the Code, for the words "the immovable charged with the hypothec" there shall be substituted the words "the immovable or movable charged with the hypothec".

7. Subarticle (1) of article 2072 of the Code shall be amended as follows:

(a) for the words "fails to surrender the immovable" there shall be substituted the words "fails to surrender the immovable or movable";
(b) for the words "to demand judicially the sale of the immovable" there shall be substituted the words "to demand judicially the sale of the immovable or movable"; and
(c) for the words "or to surrender the immovable" there shall be substituted the words "or to surrender the immovable or movable".

8. In article 2073 of the Code, for the words "oppose the sale of the immovable" there shall be substituted the words "oppose the sale of the immovable or movable".

Amendment of article 2069 of the Code.

Amendment of article 2071 of the Code.

Amendment of article 2072 of the Code.

Amendment of article 2073 of the Code.

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Amendment of article 2074 of the Code.

Amendment of article 2075 of the Code.

Amendment of article 2076 of the Code.

Amendment of article 2077 of the Code.

Amendment of article 2078 of the Code.

Amendment of article 2082 of the Code.

Amendments to the Code of Organization and Civil Procedure.

Cap. 12.

9. In article 2074 of the Code, for the words "or special hypothec over the immovable" there shall be substituted the words "or special hypothec over the immovable or movable".

10. Article 2075 of the Code shall be amended as follows:

(a) for the words "made in or on the tenement" there shall be substituted the words "made in or on the tenement or movable";
(b) for the words "exceeds the actual value of the immovable" there shall be substituted the words "exceeds the actual value of the immovable or movable";
(c) for the words "to pay the actual value of the immovable" there shall be substituted the words "to pay the actual value of the immovable or movable"; and
(d) or the words "or to surrender the immovable" there shall be substituted the words "or to surrender the immovable or movable".

11. In article 2076 of the Code, for the words "The surrender of an immovable" there shall be substituted the words "The surrender of an immovable or of a movable".

12. In article 2077 of the Code, for the words "The surrender of the immovable" there shall be substituted the words "The surrender of the immovable or of the movable", and for the words "from taking back the immovable on paying the whole debt and the costs, even though the surrender" there shall be substituted the words "from taking back the immovable or the movable on paying the whole debt and the costs, even though the surrender".

13. In article 2078 of the Code, for the words "The surrender of the immovable" there shall be substituted the words "The surrender of the immovable or of the movable".

14. In article 2082 of the Code, for the words "over the immovable surrendered or sold" there shall be substituted the words "over the immovable or the movable surrendered or sold".

PART II

15. This Part amends the Code of Organization and Civil Procedure and it shall be read and construed as one with the Code of Organization and Civil Procedure, hereinafter in this Part referred to as "the Code".

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16. In article 833 of the Code, immediately after the words "may be administered by the registrar" there shall be added the words "or by a legal procurator appointed as Commissioner for Oaths under the Commissioner for Oaths Ordinance".

17. Immedialely after article 833 of the Code, there shall be added the following new article:

Amendment of article 833 of the Code.

Addition of new article to the Code.

"Filing of precautionary warrants with judicial letter.

833A. Where an executive judicial letter is filed and sworn according to article 166A, there may also thereupon be sworn and filed the precautionary warrants referred to in article 830(1)(a), (b), (c) and (e):
Provided that when such executive judicial letter is filed, the ap plicant shall file an application within twenty days from the date of filing of a full or partial note of contestation or within sixty days from the date of the issuing of a warrant, according to which date first occurs."

18. In subarticle (3) of article 875 of the Code, immediately after the words "and confirmed on oath" there shall be added the words "and the parties have been duly notified".

PART III

19. This Part amends the Refugees (Amendment) Act, 2005, and it shall be read and construed as one with the Refugees (Amendment) Act, 2005, hereinafter in this Part referred to as "the principal Act".

20. Articles 2 to 6 (both inclusive) of the principal Act shall be deleted.

21. Article 7 of the principal Act shall be amended as follows: (a) for the marginal note thereof, there shall be

substituted the following new marginal note:
"Amendment of the Immigration Act. Cap. 217."; (b) for the words "Immediately after article 19 of the
principal Act there shall be inserted the following new article
19A", there shall be substituted the words "Immediately after subarticle (2) of article 34 of the Immigration Act there shall be added the following new subarticles";
(c) for the figure "19A" in the article to be added, as

Amendment of article 875 of the Code.

Amendments to the Refugees (Amendment) Act, 2005.

Act XVII of

2005.

Deletion of articles 2, 5 and

6 of the principal Act.

Amendment of article 7 of the principal Act.

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originally intended, there shall be substituted the figure "(3)"; and the said article shall now be added as subarticle (3) of article 34 of the Immigration Act; and
(d) immediately after the new subarticle (3), as added by paragraph (c) hereof, there shall be added the following new subarticle:
"(4) The Minister may also make regulations to establish a body corporate or unincorporate which shall be responsible for the accommodation in open reception centres of persons who qualify for such accommodation under the provisions of the Refugees Act, or regulations made thereunder, and without prejudice to the generality of the aforesaid, such regulations may make provision for any matter whatsoever concerning the functions, funding, staffing, organization and administration of such body as well as for any other matter deemed necessary or expedient by the Minister to enable that body to carry out its functions under the regulations and for any other purpose consequential or ancillary to the aforesaid.".

Objects and Reasons

The objects of this Bill are to extend to movables, besides immovables, the provisions of the amended articles of the Civil Code, and to introduce further amendments to the Code of Organization and Civil Procedure and to the Refugees (Amendment) Act, 2005, prior to the said amending Act coming into force.