After what time is a person officially recognized as a missing person recognized by law as deceased?

After what time is a person officially recognized as a missing person recognized by law as deceased?

  1. Article 42. Civil Code of the Russian Federation Recognition of a citizen as missing

    A citizen may be recognized by the court as missing on request of interested persons if there is no information about the place of his stay at his place of residence during the year.
    If it is impossible to determine the date of receipt of the latest information on the missing beginning of the calculation of the period for recognizing the unknown absence, the first day of the month following the one in which the last information about the missing one was received is considered, and if this month is not possible, the first of January of the following year.

    Article 45. Civil Code Declaring a citizen dead

    1. A citizen may be declared dead by the court if there is no information about his place of residence for five years at his place of residence, and if he went missing under circumstances threatening death or giving reason to assume his death from a certain accident - within six months .
    2. A soldier or other citizen who went missing due to hostilities may be declared dead by the court no earlier than after two years from the date of the end of hostilities.
    3. The day of death of a citizen declared dead is the day when the court decision on declaring him dead comes into force. In the event of the announcement of a deceased citizen who went missing under circumstances threatening death or giving reason to assume his death from a certain accident, the court may declare the day of death of this citizen the day of his alleged death.

    Article 46. Of the Civil Code of the Russian Federation Consequences of the appearance of a citizen declared dead

    1. In the event of the appearance or discovery of the place of stay of a citizen declared dead, the court overrules the decision to declare him dead.
    2. Regardless of the time of his appearance, a citizen may demand from any person the return of the remaining property, which has been transferred to this person gratuitously after the citizen is declared dead, except as provided for in paragraph 3 of Article 302 of this Code.
    Persons to whom the property of a citizen declared dead has passed under compensated transactions are obliged to return this property to him if it is proved that when they acquired the property they knew that the citizen declared dead was alive. If it is impossible to return such property in kind, its value is reimbursed.

    Article 262. Code of Civil Procedure of the Russian Federation Cases considered by the court in a special procedure

    1. In order of special proceedings, the court considers cases:
    3) recognizing a citizen as missing or declaring a citizen dead;

    Article 263. Code of Civil Procedure of the Russian Federation Procedure for consideration and resolution of cases considered by the court in a special procedure

    1. Cases of special proceedings are examined and resolved by the court according to the general rules of the proceedings with the features established by this chapter and the chapters 28 - 38 of this Code.

    2. The court considers cases of special proceedings with the participation of applicants and other interested parties.

    3. If, when submitting an application or considering a case in a special procedure, the existence of a dispute on the law within the jurisdiction of the court is established, the court makes a decision to leave the application without consideration, which explains to the applicant and other interested persons their right to resolve the dispute in the procedure for claim proceedings.

  2. after six months
  3. He will be considered missing until he finds a body
  4. A person recognized by the court as missing (if you mean exactly this) cannot automatically be declared dead even after 100000 years - to declare a person, you need a separate statement to the court under Article 45 of the Civil Code.

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After what time is a person officially recognized as a missing person recognized by law as deceased After what time is a person officially recognized as a missing person recognized by law as deceased After what time is a person officially recognized as a missing person recognized by law as deceased After what time is a person officially recognized as a missing person recognized by law as deceased After what time is a person officially recognized as a missing person recognized by law as deceased