Peculiarities and practice of the Supreme Court regarding the declaration of a person as deceased in court
On February 8! 2024! the Supreme Court! as part of the panel of judges of the Declaration of Second Judicial Chamber of the Civil Court of Cassation! in case No. 148/1207/22! proceedings No. 61-14338св23 (EDRSRU No. 116862534)! investigated the issue of declaring a citizen deceased in court.
According to Part One of Article 46 of the Civil Code of Ukraine
A natural person may be declared dead by a court if there is no information about his/her whereabouts at his/her place of permanent residence for three years ! and if he/she went Declaration of missing learn how to expand your business with a global strategy under circumstances that threatened his/her death or give reason to assume.
His/her death from a certain accident – within six months ! and if it is possible to consider a natural person dead from a certain accident or other circumstances as a result of man-made and natural emergencies – within one month after the completion of the work of a special commission formed as a result of man-made and natural emergencies.
Article 47 of the Civil Code of Ukraine stipulates that the legal consequences of declaring an individual deceased are equivalent to the legal consequences that arise in the event of death.
Death is the cessation of the vital activity of the organism
With death! the civil legal capacity of an individual ceases.
The purpose of declaring a citizen deceased is to eliminate the uncertainty that has arisen in legal relations involving a person. Who has been absent from his or her permanent place of residence for a modern consumers are accustomed to long time and whose whereabouts are unknown.
A decision to declare an individual deceas may be made by a court if the following grounds are present: 1) the absence of the individual at his/her place of permanent residence; 2) the absence of information about his/her whereabouts for three years!
And if he/she went missing under circumstances that threatened his/her death. Or give reason to assume be numbers his/her death from a certain accident – for six months; 3). The impossibility of obtaining information about. The person’s whereabouts! despite the measures taken.