What to do in case of missing?

Announcement of absence or death

If your relative has gone missing, there is no information about him and someone needs to take care of his affairs, you must inform the District Court, which will appoint a person to represent the absentee and take measures to preserve his interest. . The person to be appointed is a relative or close relative.

If the missing person has a legal representative or proxy appointed, another representative is appointed only for work for which there is no one to take care of.

Declaration of absence

If the missing person does not appear for more than a year and there is no information about him, then you or the Prosecutor's Office can ask the District Court to officially declare the person absent.

After declaring the person absent, the rights of possible heirs and testators increase. They may request from the District Court permission for the temporary possession of the hereditary property, which in turn terminates the rights of court appointees or powers to preserve this property.

This possession is only for the purpose of managing and using the income from the property. It excludes disposition of it: sale, mortgage except in case of obvious need for the absent person, when the District Court allows such action.

Upon establishing the fact that the person declared absent is alive, the court revokes the Decree for declaration and all persons in possession return the income received, collected after the invitation to return the property.

Announcement of death

If 5 / five / years have elapsed since the day of the last notice of the missing person, then any interested person and the prosecutor may request from the District Court to declare the death of this person. The day to which the last notice relates shall be entered as the day and time of death.

It is important to know that in order to announce the death of a person, it is not necessary that the same person has been declared absent before !!!

In the event of the disappearance of a person during hostilities or in another event that gives reason to believe that he has died, death may be declared if only 2 / two / years have elapsed since the cessation of hostilities or the event.

Announcing the death of an absent person in this order has the same legal consequences as a known, proven one.

If the person declared dead is alive

• it has the right to claim all its properties, including the amount received in case of expropriated or replaced, gratuitously alienated, etc .;

• The dissolved marriage is not restored.