- which may be opened will;
- they will be heir the will or legitimation expert may request (after carrying out an inventory) temporary ownership of the absent person’s property;
- The spouse of the absent person (who obviously cannot remarry) can obtain a maintenance allowance from the absent person’s assets.
THAT goods from an absent person cannot be sold except for a real need or use recognized by the court, which decides the use and use of the amount obtained from such sale. If the absentee returns, his property is returned to him in the condition in which he was confirmed to have returned.
Suspected death
If 10 years have passed (with the new rule, five years) since the date of the last notice of the absent person (who was born at least 27 years ago) back to that date, the Court may issue a declaratory judgment against the absent party. suspected death from an absent person, referring him to the day of his last news.
It should be understood that, to declare a death presumed, two years is sufficient if the disappearance was caused by a «injury» (landslides, floods, air disasters, etc.). Shortened sentences (two or three years) were also provided for those missing in war operations or killed «captured by the enemy».
Presumptive death has the effect that the heirs of the will or legal heirs can freely dispose of the assets inheritance of the person who is presumed dead and his or her spouse can remarry. If the person who is presumed dead returns, he has the right to obtain his inheritance in the country where the person was found; the marriage entered into in the meantime by his wife was declared null and void by law.
Special case
The simplification bill which halves the period for declaration of absence and suspected death does not affect the period specified in article 60 of the Civil Code for some people. certain cases. They only concern statements of alleged death. If a person’s disappearance is caused by an “accident” (landslide, flood, air disaster, etc.), presumed death can be announced after two years have passed. For those who are missing in war operations or made “captives of the enemy”, it will take two years from the entry into force of this Agreement. peace agreement. In the absence of the latter, it would take three years from the end of the year when hostilities ceased.
