The warrant of impediment of departure against individuals under Maltese law : creditor protection by interlocutory relief : impediment of departure : reliquum aut opportunitas? : a comparative study

Abstract

The warrant of impediment of departure is an institution of Maltese law. It is aimed at regulating the relationship between creditors and debtors. The intention of the legal remedy of the warrant of impediment of departure is to contribute to the enforcement of legal claims. In cases where a creditor fears frustration of his claim, the warrant offers him the means to obtain an injunction in order to restrain his debtor from leaving the jurisdiction. In this first chapter, the practical implementation of the warrant shall be outlined. As a first step, the scope of the warrant has to be specified. The Legal Concept Ratione Personae Ratione Materiae and Two different objects of the warrant have to be distinguished: the warrant that can be directed against material assets (,,Ratione Materiae") and the warrant against individuals (,,Ratione Personae"). [...]