Civil law. A common part. Location. Recognizing a citizen as missing and declaring a citizen dead (the most important)

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Civil law. A common part. Location. Recognizing a citizen as missing and declaring a citizen dead (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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5. PLACE OF RESIDENCE. RECOGNIZING A CITIZEN AS MISSING AND ANNOUNCING A CITIZEN DEAD

Place of residence of a citizen - the place where he permanently or predominantly resides. For minors under 14 years of age and other citizens who are under guardianship, the place of residence is the place of residence of their legal representatives, i.e. parents, adoptive parents or guardians, regardless of their actual place of residence.

According to Art. 42 of the Civil Code of the Russian Federation, a citizen may, at the request of interested persons, be recognized by a court missing, if during a year at his place of residence no information about his place of residence.

If it is not possible to establish the day of receipt of the latest information about the missing person, the beginning of the calculation of the period for recognizing the missing person is considered to be the first day of the month following the one in which the last information about the missing person was received, and if it is impossible to establish this month, the first day of January of the next year.

Basic legal consequences of recognizing a citizen as missing:

1) on the basis of an agreement on trust management, his property is transferred to permanent management;

2) out of this property maintenance is issued to citizens whom the missing person was supposed to support;

3) at the expense of property debts on other obligations are repaid;

4) disabled members of the family of a missing person who were dependents have the right to a pension in the event of the loss of a breadwinner;

5) the spouse of such a citizen may unilaterally dissolve the marriage in the registry office.

In the event of the appearance or discovery of the place of residence of a citizen recognized as missing, the court cancels the decision on recognizing him as missing. On the basis of a court decision, the management of the property of this citizen is canceled, and also, upon a joint application of the spouses, the marriage is restored. A citizen can be declared by the court dead, if at his place of residence there is no information about his place of stay for five years, and if he went missing under circumstances that threatened death or gave reason to assume his death from a certain accident - for six months (Article 45 of the Civil Code) .

Serviceman or another citizen missing in connection with hostilities may be declared dead by the court not earlier than two years later since the end of hostilities.

The day of death of a citizen declared dead is the day when the court decision on declaring him dead comes into force. If a citizen is declared dead who went missing under circumstances threatening death or giving reason to assume his death from a certain accident, the court may recognize the day of death of this citizen as the day of his alleged death.

Declaring a citizen dead is equated to actual death, and, accordingly, an inheritance is opened, all personal obligations of the declared deceased are terminated, and marriage is automatically terminated. In the event of the appearance or location of a citizen declared dead, the court cancels the decision to declare him dead, and the citizen has the right to demand the return of his property.

Author: Stepanova O.N.

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