In which cases can a declaration of death for an individual be requested? When can a decision to declare a person dead be annulled?
When can a person have a death declaration revoked?
Pursuant to the provisions of Article 73 of the Civil Code 2015, the revocation of a death declaration is stipulated as follows:
Revocation of death declaration decision
1. When a person declared dead returns or there is verified information affirming that the person is alive, at the request of that person or a person with related rights and interests, the Court shall issue a decision to revoke the death declaration for that person.
2. The personal relationships of the person declared dead are restored when the Court issues a decision to revoke the death declaration, except in the following cases:
a) The spouse of the person declared dead has been granted a divorce by the Court according to the provisions of Clause 2, Article 68 of this Code, then the divorce decision remains legally effective;
b) The spouse of the person declared dead has married another person, then that marriage remains legally effective.
3. The person declared dead, but still alive has the right to request those who have inherited their assets to return the remaining assets and their current value.
If the heirs of the person declared dead knew this person was alive but intentionally concealed it to enjoy the inheritance, they must return all received assets, including fruits and income; if causing damage, they must compensate.
4. The property relations between husband and wife are resolved according to the provisions of this Code and the Law on Matrimony and Family.
5. The Court's decision to revoke a death declaration must be sent to the People's Committee of the commune where the person declared dead resides for annotation according to the provisions of the law on civil status.
According to the above provisions, a person can have their death declaration revoked when: the person declared dead returns or there is verified information affirming that the person is alive, at the request of that person or a person with related rights and interests, the Court issues a decision to revoke the death declaration.
Note: The Court's decision to revoke the death declaration must be sent to the People's Committee of the commune where the person declared dead resides for annotation according to the provisions of the law on civil status.
In which case is it possible to request the declaration of a person as dead? When can a person have a death declaration revoked? (Image from Internet)
How are the personal relationships and property relations of a person declared dead by the Court resolved?
Pursuant to the provisions of Article 72 of the Civil Code 2015, the personal relationships and property relations of a person declared dead by the Court are stipulated as follows:
Personal relationships and property relations of the person declared dead by the Court
1. When the Court's decision declaring a person as dead takes legal effect, their marital, familial, and other personal relationships are resolved as those of a deceased person.
2. The property relations of a person declared dead by the Court are resolved as those of a deceased person; their assets are handled following the provisions of inheritance law.
According to the above provisions, the personal relationships and property relations of a person declared dead by the Court are resolved as follows:
- For personal relationships:
When the Court's decision declaring a person as dead takes legal effect, their marital, familial, and other personal relationships are resolved as those of a deceased person.
- For property relations:
+ The property relations of a person declared dead by the Court are resolved as those of a deceased person
+ Their assets are handled following the provisions of inheritance law.
In which case is it possible to request the declaration of a person as dead?
Pursuant to Article 71 of the Civil Code 2015, it is stipulated as follows:
Declaration of death
1. A person with related rights and interests may request the Court to issue a decision declaring a person as dead in the following cases:
a) After 03 years from the date the Court's decision declaring a person missing takes legal effect, there is still no verified information that the person is alive;
b) Missing during warfare after 05 years from the date the war ended, there is still no verified information that the person is alive;
c) Suffered an accident or disaster, natural calamity, and after 02 years from the date the accident, disaster, or natural calamity ended, there is still no verified information that the person is alive, except as otherwise prescribed by law;
d) Missing for 05 consecutive years and there is no verified information that the person is alive; this period is calculated according to the provisions of Clause 1, Article 68 of this Code.
2. Based on the cases specified in Clause 1 of this Article, the Court determines the death date of the person declared dead.
3. The Court's decision declaring a person as dead must be sent to the People's Committee of the commune where the person declared dead resides for annotation according to the provisions of the law on civil status.
Thus, a person with related rights and interests may request the Court to issue a decision declaring a person as dead in the following cases:
- After 03 years from the date the Court's decision declaring a person missing takes legal effect, and there is still no verified information that the person is alive;
- Missing during warfare after 05 years from the date the war ended, and there is still no verified information that the person is alive;
- Suffered an accident, disaster, or natural calamity, and after 02 years from the date the accident, disaster, or natural calamity ended, there is still no verified information that the person is alive, except as otherwise prescribed by law;
- Missing for 05 consecutive years and there is no verified information that the person is alive; this period is calculated according to the provisions of Clause 1, Article 68 of this Code.
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