The ‘actio Surrogatoria’ In Maltese Law: Rights, Remedies And Procedural Requirements

In the judgment Customs and Freight Agency Limited vs BML Group Limited, delivered by the Court of Magistrates on 8 October 2025, the Court examined the nature and constituent elements of the actio debitor debitoris mei, more commonly referred to as the actio surrogatoria.

The action finds its basis in Article 1143 of the Civil Code, which provides that: “It shall be competent to any creditor in order to obtain what is due to him to exercise any right or action pertaining to his debtor, with the exception of such rights or actions as are exclusively personal.”

The rationale underlying the provision lies in the principle that a debtor’s patrimony constitutes the common guarantee of his creditors. Accordingly, creditors have a legitimate interest in ensuring that the debtor’s rights are not left unexercised to their detriment. Where a debtor neglects to enforce a right capable of preserving or increasing his patrimony, the interests of his creditors may be prejudiced. The actio