Legal Encyclopedia. Letter O

ADVERTISEMENT citizen dead

It is recognized by the court in the case where a citizen as missing at least 5 years or went missing under circumstances threatening death or giving reason to believe his death from a specific accident within 6 months.

A serviceman or other citizen missing in connection with military actions can be declared dead by the court not earlier than the expiration of 2 years from the date of the end of hostilities.

Day of death of a citizen declared dead, it is considered the date of entry into force of a court decision declaring him dead, and if the citizen has been missing under circumstances threatening death or giving reason to believe his death from a specific accident, the court may declare the citizen the day of death day his alleged death.

OG D is equal to the actual death, respectively, opens the inheritance, marriage and cease all personal obligations declared dead.

In the case of the appearance or discovery of a place of stay of the citizen declared to be deceased, the court cancels the decision of the OG W. He has the right to demand the return of their property, provided that it:

1) is preserved in nature;

2) was transferred to its current owner without compensation.

Not to be a claim to the money and bearer securities, as well as proceeds from the sale of the property of a citizen. According compensated transactions may reclaim property from a person who knew that the citizen declared dead, is actually alive (bad faith acquirer).

Defaulting purchaser shall reimburse the value of the property, which he can not return in kind.