Procedure for Declaring the Missing and Death of a Person

Abstract

In the context of globalization and the continuous development of the surrounding world, but also due to abundant migration from certain regions and risk situations, the legal institution of declaring missing persons and death is of increased relevance. The importance of the topic lies in the fact that in this case several people are involved, who need to be protected from the long absence of a person, especially in the context of family relations to protect the patrimonial and non-patrimonial interests of the family members of the missing persons. The purpose of the work is to research the applicable normative and procedural framework, and highlight practical problems arising in the application of these norms. The research methods include, mainly, the examination of the norms of civil and civil procedural legislation of the Republic of Moldova and other states. At the same time, solutions from judicial practice and doctrinal opinions were analyzed, for a clearer evidence of the method of application in practice. The research results highlight the fact that the procedure for declaring a person missing is an essential preliminary stage for declaring death, governed by strict conditions. The judicial declaration of death produces the same effects as the actual death of a person. The research reveals the existence of gaps and practical difficulties in proving dispassion, as well as the stability of the presumed moment of death, therefore, an improvement of the regulatory framework is necessary to ensure the efficient application of these procedures. CZU: 343.6(478); JEL: K40, K10