How long after an accident disappears can you file for disappearance and how long can you apply for

According to article 166 of the Civil Procedure Law, three conditions must be met to apply to the people's court to declare a citizen missing:

1.There must be the fact that the citizen's whereabouts have been unknown for at least 2 years. The so-called missing whereabouts refer to the fact that after a citizen finally leaves his or her residence or place of residence, his whereabouts are unknown, he has no contact with anyone, and he has not been heard from.

The starting time for determining that a citizen's whereabouts are unknown shall be calculated for a continuous period of 2 years from the date on which the citizen leaves his or her last place of residence or residence, with no interruption in between, and if there is a break, it shall be calculated from the time of the last departure or the last letter; where their whereabouts are unknown during the war, it is calculated from the date on which the war ended; where the whereabouts are unknown due to an accident, it is calculated from the date of the accident; Where a search for a missing person is published in the newspaper, it is calculated from the date of publication.

2.The application must be made to the people's court by a person who has an interest in the unaccounted for citizen. "Interested parties" refers to persons who have a personal relationship or a relationship of civil rights and obligations with a citizen whose whereabouts are unknown.

It includes the spouse, parents, adult children, grandparents, adult siblings and other persons with whom the missing citizen has civil rights and obligations (such as creditor's rights and debts).

3.Requests must be made in writing. The application shall state the facts, time and request of the applicant, and shall be accompanied by a written certificate from the public security organ or other relevant organ that the whereabouts of the citizen are unknown.

"Other relevant organs" refers to organs other than the public security organs that can prove that the citizen's whereabouts are unknown.

In cases where a disappearance is declared, the people's court may, at the request of the applicant, clear the property of the person whose whereabouts are unknown, and designate a custodian of the property during the litigation period.

Article 23 of the General Principles of the Civil Law stipulates the conditions for a declaration of death:

The period for which a citizen's whereabouts are unknown must reach the time limit prescribed by law.

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

2) Where the whereabouts of the accident are unknown, and two years have elapsed since the date of the accident. 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.

Only when an interested party submits an application for a declaration of death can the people's court make a declaration of death in accordance with law.

To declare a missing person dead, the interested party must submit an application for a declaration of death to the basic people's court at the place of the missing person's domicile or last residence.

The people's court shall issue a public notice to search for the missing person, and the announcement period is 1 year. If there is still no news of the missing person's survival after the expiration of the period for the search for the missing person, the date on which a death declaration judgment may be rendered shall be the time of the missing person's death.

Question 1: How long after an accident disappears can I apply for disappearance?

According to Article 20 of the General Principles of the Civil Law, no matter what the circumstances, you must have been missing for more than two years before you can apply for disappearance.

Q2: How long does it take to apply for death?

In accordance with the provisions of Article 23 of the General Principles of the Civil Law:

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

2) The whereabouts of the accident are unknown, and two years have elapsed since the date of the accident.

Question 3: Can I apply for death without first applying for disappearance?

OK. According to Article 29 of the Opinions on the General Principles of the Civil Law, the declaration of disappearance is not a mandatory procedure for declaring death. The whereabouts of the citizen are unknown, eligible for application.

The condition for a declaration of death is that an interested party may directly apply for a declaration of death without applying for a declaration of disappearance.

Hopefully, the above points will be helpful to you.

According to the provisions of the Civil Law, the following three conditions are required for a declaration of the disappearance of a natural person: First, the natural person's whereabouts must be unknown for at least two years. Second, the interested party must apply to the people's court, and third, the people's court must make a declaration in accordance with legal procedures.

As for the declaration of death, his whereabouts have been unknown for 4 years. However, if the whereabouts of the person are unknown due to an accident other than that, and two years have elapsed since the date of the accident, the interested party may apply for a declaration of death.

Legal Analysis: Where a natural person's whereabouts have been unknown for two years, the interested party may apply to the people's court for a declaration that the natural person is a missing person. In any of the following circumstances, the interested party may apply to the people's court for a declaration of death of the natural person:

1) His whereabouts have been unknown for four years; (2) Due to an accident, their whereabouts have been unknown for two years. Where a natural person is declared dead but is not dead, the failure to do so affects the effectiveness of the civil juristic acts carried out by the natural person during the period when the natural person was declared dead.

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

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 in which his whereabouts are unknown, the date of the accident is deemed to be the date of his death.

Hello, glad to answer for you. First, to declare a disappearance, it is necessary to congratulate the natural person on the fact that his whereabouts are unknown for two years. Second, the natural person has been declared dead, and his or her whereabouts have been unknown for four years, or his whereabouts have been unknown for two years due to an accident.

Legal basis: Civil Code

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 41: The period during which a natural person's whereabouts are unknown is calculated from the date on which he or she loses his or her news. Where their whereabouts are unknown during the war, the time of their whereabouts is unknown is calculated from the date of the end of the war or the date on which the relevant organs determine that their whereabouts are unknown.

Article 40: 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) Whereabouts have been unknown for four years;

(2) Due to an accident, their 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.

According to the relevant provisions of the Civil Code, if the whereabouts of a natural person have been unknown for two years, the interested party may apply to the people's court for a declaration that the natural person is a missing person. Compared with the declaration of disappearance and the death of the person, the conditions for declaring death are more stringent, that is, if a natural person has any of the following circumstances, the interested party may apply to the people's court for a declaration of the death of the natural person:

1) Whereabouts have been unknown for four years;

(2) Due to an accident, their 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 for changing the shirt. "

Legal basis. Article 40 of the Civil Code of the People's Republic of China [Conditions for Declaring Missing]Where a natural person's whereabouts have been unknown for two years, the interested party may apply to the people's court to declare the natural person a missing person.

The time limit for declaring a disappearance is two years at least two years for the natural person to be missing.

Legal Analysis: Where the whereabouts have been unknown for four years, and the whereabouts have been unknown for two years due to an accident, the interested party may apply to the People's Compound for a declaration of the death of the natural person.

Legal basis: Article 46 of the Civil Code of the People's Republic of China Where a natural person has any of the following circumstances, the interested party may apply to the people's court for a declaration of death of the natural person:

one is missing, and his whereabouts have been unknown for four years;

(2) Due to an accident, their 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.

In any of the following circumstances, the interested party may apply to the people's court for a declaration of death: his whereabouts have been unknown for four years; The whereabouts of the accident are unknown, and two years have elapsed since the date of the accident. Where their whereabouts are unknown during the war, the time of their whereabouts is unknown is calculated from the date of the end of the war.

Legal basis: Article 47 of the Civil Code of the People's Republic of China [Priority Application of Declaration of Death] For the same natural person, where some interested parties apply for a declaration of death, and some interested parties apply for a declaration of disappearance, and the requirements for declaration of death as provided for in this Law are met, the people's court shall declare the death blind and blind. Article 48 of the Civil Code of the People's Republic of China [Determination of the date of death of a person declared dead] 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.

Where a natural person's whereabouts have been unknown for two years, the interested party 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 the natural person's death: (1) their whereabouts have been unknown for four years; (2) Due to an accident, their whereabouts have been unknown for two years.

Where a natural person is declared dead but is not dead, the absence does not affect the validity of the civil juristic acts carried out by the natural person during the period when he was declared dead.

Civil Code of the People's Republic of China

Article 47: 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 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.