Whether a certain period of time has elapsed since a declaration of disappearance can be declared de

Updated on society 2024-03-27
6 answers
  1. Anonymous users2024-02-07

    This is possible. According to the relevant information of the Civil Code, a citizen can only be declared "dead" by the people's court two years after his disappearance.

    Disappearance, i.e., unknown fate and death, means that a person has left the place where he lives and has not been heard from and whose interests and the relevant courts have not been able to prove his existence. A declaration of death is a system in which a court declares a missing person dead after a certain period of disappearance. After a person's disappearance, his property, marriage, inheritance, and other legal relations are in a state of uncertainty, and if he is allowed to delay for a long time, it will inevitably affect the interests of the state, the collective, and the individual.

    The purpose of the declaration of death is to put an end to this state of uncertainty in time. In contrast to natural death, a declaration of death is called a statutory death.

  2. Anonymous users2024-02-06

    OK. Article 23: In any of the following circumstances, interested parties may apply to the people's court for a declaration of death:

    Declared dead. 1) Where their whereabouts have been unknown for four years;

    2) Two years have elapsed since the date of the accident in which the whereabouts of the accident are unknown.

    Where their whereabouts are unknown during the war, the period of their whereabouts is unknown is calculated from the date on which the war ends.

    There is a restriction on the order of the applicant for declaration of death, and if the person in the previous order is different, the person in the later order cannot apply for a declaration of death.

    Application is subject to application by an interested party. Applicants include:

    a) Spouse; (2) Parents and children; (3) Siblings, grandparents, grandchildren, and grandchildren; (4) Other persons with civil rights and obligations. Applications must be made in this order, with the applicants in the first order having exclusive effect, and those in the first order being excluded in the lower order, and having equal rights in the same order.

  3. Anonymous users2024-02-05

    Death may be pronounced two years after the declaration of disappearance.

  4. Anonymous users2024-02-04

    Legal Analysis: A person who has been missing for four years will be declared dead upon application by an interested party. If the natural person's whereabouts have been unknown for two years due to an accident, he or she will also be declared dead, and if the relevant authorities can prove that it is impossible for the natural person to survive, the application for a declaration of death is not subject to the two-year time limit.

    Legal basis: Civil Code of the People's Republic of China

    Article 46: In any of the following circumstances, interested parties may apply to the people's court for a notice of the natural person's death:

    1) Whereabouts have been unknown for four years;

    2) Due to an accident, the whereabouts have been unknown for two years.

    Where the whereabouts of the natural person are not clarified due to an accident, and it is proved by the relevant authorities that it is impossible for the natural person to survive, the application for a declaration of death is not subject to the two-year time limit.

  5. Anonymous users2024-02-03

    Legal Analysis: A person who has been missing for four years or more; If the whereabouts of the accident are unknown, two years have elapsed since the date of the accident and the death may be declared.

    Legal basis: Civil Code of the People's Republic of China

    Article 40: Where a natural person's whereabouts have been unknown for two years, interested parties may apply to the people's court to declare that the natural person a missing person.

    Article 46: In any of the following circumstances, interested parties may apply to the people's court for a declaration of death of the natural person:

    1) Whereabouts have been unknown for four years;

    2) Due to an accident, the whereabouts have been unknown for two years.

    Where the whereabouts of the natural person are unknown due to an accident, and it is proved by the relevant authorities that it is impossible for the natural person to survive, the application for a declaration of death is not subject to the two-year time limit.

    Article 47: Where some interested parties apply for a declaration of death for the same natural person, and some interested parties apply for a declaration of disappearance, and the requirements for a declaration of death as provided for in this Law are met, the people's court shall declare them dead.

    Article 48: For persons who have been declared dead, the date on which the people's court's judgment declaring them dead is rendered is to be regarded as the date of their death; Where a person is declared dead due to an accident where his whereabouts are unknown, the date of the accident is deemed to be the date of his death.

    Article 49: Where a natural person is declared dead but is not dead, it does not impact the effectiveness of the civil juristic acts carried out by that natural person during the period when he was declared dead.

  6. Anonymous users2024-02-02

    Where a natural person's whereabouts have been unknown for two years, the interested parties may apply to the People's Court to declare the natural person a missing person. In any of the following circumstances, the interested parties may apply to the people's court for a declaration of death of the natural person: (1) The whereabouts of the natural person have not been known for four years; (2) Due to an accident, the whereabouts of the company are unknown, which means that it has been false for two years.

    Article 47 of the Civil Code Where some interested parties apply for a declaration of death and some interested parties apply for a declaration of disappearance of the same natural person, and the conditions for declaration of death stipulated in this law are met, the people's court shall declare him dead. Article 48 of the Civil Code: For a person who has been declared dead, the date on which the judgment of the people's court declaring him dead is made shall be deemed to be the date of his death; Where a person is declared dead due to an accident where his whereabouts are unknown, the date of the accident is deemed to be the date of his death.

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