Announcing the death of missing-missing!

Absence may take longer and then it is possible to declare the death of the missing person. The aim is to preserve the interests and rights of relatives and other stakeholders. When it comes to declaring death, it is important that it is not necessary to declare an indefinite absence so that death can be declared.

 

In the general case, when five years have elapsed since the day of the last notice of the missing spouse, the prosecutor or any interested person may apply to the court to declare death. The time limit for declaring death is from the last notice, not from the court's ruling of absence, if it is pronounced.

 

There is also a particular hypothesis covering the cases when my husband has disappeared in a military action or other event that gives reason to believe that he has died. For example, he participated in a war, was in an area where he was assassinated, fell over a ship, was in a plane that had crashed and others. Death can then be declared after two years from the end of the war or from the event.

 

Death is pronounced by a court ruling. This declared death is assimilated to actual death. This means that my personal rights (for example, the privacy of the home, private and family life, the right to vote) of my husband will be terminated and the property rights will be inherited. Our marriage is also being terminated.

 

In the application for the declaration of death, the alleged heirs of the person must also be mentioned. It should be sent to the municipality, area or town hall where the person last lived, to the heirs or other interested parties for the purpose of disclosure.

 

What if my husband returns?

When my missing husband returns, the representation is terminated.

If my husband returns after being declared indefinitely absent, then those in possession have to return the income we have accumulated after the return of the property.

When my husband is alive after having been declared dead, he is entitled:

to bring an action for the annulment of the death sentence against me when I wanted to declare death and against those who derive rights from the declared death;

to receive all estates that are expropriated in a gratuitous way (for example, through donation);

to receive the amount against property expropriated in return (for example, those sold, mortgaged, etc.);

to receive property expropriated for expropriation if the person to whom they were sold knew at the time of the transaction that my husband was alive.

Rights and obligations that depend on my husband's judgment are refunded, but this does not apply to marriage.