Procedures for Settlement of Requests for Declaration of a Person as Missing
Filing a request for declaration of a person as missing
Individuals whose rights and interests are concerned shall have the right to request the Court to declare a person as missing in accordance with the Civil Code.
The request must be accompanied by documents and evidence proving that the person requested to be declared as missing has been absent for two consecutive years or more without reliable information as to whether that person is still alive or deceased, and evidence that the applicant has taken all necessary measures to notify and search for the missing person. If a Court has previously issued a decision on the search for a person absent from residence, a copy of such decision must be enclosed.
Preparation for examination of the request for declaration of a person as missing
Within 20 days from the date of acceptance of the request, the Court shall issue a decision to publish a notice seeking the missing person.
The content and publication of the notice shall comply with Articles 384 and 385 of the Civil Procedure Code. The duration of the notice to search for the missing person is 04 months from the date of the first publication or broadcast.
During the notice period, if the person requested to be declared missing returns and requests the Court to terminate the proceedings, the Court shall issue a decision to terminate the examination of the request.
Within 10 days from the expiry of the notice period as prescribed in Clause 2 above, the Court must convene a meeting to examine the request.
Decision declaring a person as missing
If the request is accepted, the Court shall issue a decision declaring a person as missing. If there is also a request for the Court to apply measures for the management of the property of the person declared missing, and such request is accepted, the Court must decide on the application of property management measures in the same decision, in accordance with the Civil Code.
Annulment of a decision declaring a person as missing
If a person who has been declared missing returns, or any individual whose rights and interests are concerned may request the Court to annul the decision declaring the person as missing in accordance with the Civil Code.
If the request is accepted, the Court shall issue a decision annulling the declaration of a person as missing. Such decision must also determine the legal consequences of the annulment in accordance with the Civil Code.
(Legal basis: Articles 387, 388, 389, 390 of the Civil Procedure Code 2015).
