Effect of a declaration of disappearance Appoint an administrator of the property

Effect of a declaration of disappearance: the principle that the appointment of an administrator of property is in favour of the disappeared person.

Declaring a missing person refers to a system whereby a people's court declares a person whose whereabouts have been unknown for a certain period of time upon the application of an interested person as a missing person. In order to eliminate the adverse effects caused by the long-term unaccounted for natural persons, the law protects the property rights and interests of the missing person and the counterpart by establishing a system for declaring the missing person as a missing person and establishing a property custodian for him, who manages the property of the missing person. It is a legal confirmation of an uncertain state of natural fact, with the aim of ending the uncertainty of the property relations of the disappeared person and protecting the interests of the disappeared person and the interests of the interested persons.

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. The application must be submitted 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.

Appointment of an administrator of the property (principle in favour of the missing person).

A declaration of disappearance does not result in a change in property rights. In order to protect the interests of the missing person, the court appoints a custodian of the missing person's property, and spouse, parents, adult children and interested persons can become the custodian of the property. There is no restriction on the order in which the persons within the scope of the above become the trustees of the property.

Becoming a custodian does not mean that the property of the missing person can be disposed of at will, and the taxes, debts and other expenses due to the missing person are paid by the custodian from the property of the missing person.

Legal basisArticle 42 of the Civil Code of the People's Republic of China Article 42 The property of a missing person is to be managed and destroyed by his spouse, adult children, parents, or other persons who are willing to act as the custodian of the property. Where there is a dispute over custody, and there is no person provided for in the preceding paragraph, or the person provided for in the preceding paragraph does not have the capacity for escrow, the person designated by the people's court is to take custody on hold.

The property of the missing person shall be held in the custody of his spouse, parents, adult children or other close relatives or friends. Where there is a dispute over escrow, and there is no person provided for above or the person specified above is unable to hold the custody, the person designated by the people's court shall take custody of it.

Article 42 of the Civil Code 6868 The property of a missing person shall be held in escrow by his or her spouse, adult children, parents or other persons who are willing to act as custodians of property. Where there is a dispute over escrow and there is no person provided for in the preceding paragraph, or the person provided for in the preceding paragraph does not have the ability to manage the escrow, the person designated by the people's court is to take custody of it.

Legal analysis: Article 43 of the Civil Code of the People's Republic of China stipulates that the property custodian shall properly manage the property of the missing person and safeguard his or her property rights. Taxes, debts and other expenses due to the missing person shall be paid by the property custodian from the property of the disappeared person.

Where the custodian of property intentionally or grossly negligently causes losses to the missing person's property, they shall bear responsibility for compensation.

Legal basis: Article 43 of the Civil Code of the People's Republic of China: Property custodians shall properly manage the assets of missing persons and preserve their property rights and interests.

Taxes, debts and other expenses due to the missing person shall be paid by the property manager from the ruined lead of the missing person's property.

Where the custodian of property intentionally or grossly negligently causes losses to the missing person's property, they shall bear responsibility for compensation.

Lawyer analysisThe property of the disappeared person is held in trust by his spouse, parents, adult children or other close relatives or friends. Where there is a dispute over escrow, and there is no person provided for above or the person provided for above is unable to hold the escrow, the person designated by the people's court is to take custody of the draft model.

Legal basis] Article 42 of the Civil Code: The property of a missing person is to be held in escrow by his spouse, adult children, parents, or other persons who are willing to serve as custodians.

or where there is a dispute over the custody of the silver, and there is no person in the preceding paragraph, or the person provided for in the preceding paragraph does not have the ability to take custody, the person designated by the people's court shall take custody of it.