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The Civil Court

There shall be four sections in the Civil Court to which shall be assigned the category of cases. The sections of the Civil Court shall be the Family Section, the Commercial Section, the Voluntary Jurisdiction Section (previously known as the Second Hall) and the a general jurisdiction section to be styled the First Hall of the Civil Court. One Judge presides in all four Sections.

The First Hall takes cognisance of all causes of a civil and commercial nature exceeding the jurisdiction of the Courts of Magistrates. Of particular importance is that it takes cognisance of all applications for redress in respect of alleged violations of human rights and fundamental freedoms protected by both the Constitution of Malta and by the European Convention of Human Rights. This Convention is part of the Laws of Malta since 1987. 

To the Civil Court (Family Section) shall be assigned those cases falling within the competence of the Civil Court and which relate to matters regulated by Titles I, II and IV of Book First of the Civil Code; The Maintenance Orders (Facilities for Enforcement) Ordinance; The Maintenance Ordinance (Reciprocal Enforcement) Act; The Marriage Act and The Child Abduction and Child Custody Act.

Cases which relate to matters regulated by the Companies Act shall be assigned to the Civil Court (Commercial Section). This Court shall sit in both Malta and Gozo.

To the Civil Court (Voluntary Jurisdiction Section) shall be assigned applications falling within the competence of the Civil Court and which relate to matters regulated by Titles III, V, VI and VII of the Book First of the Civil Code and Part II of Book Second of the Code of Organisation and Civil Procedure. These areas include authority to proceed the tutorship of minors, adoption, the interdiction and incapacitation of persons, the opening of successions and the confirmation of testamentary executors.

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