The legal implications of declaring a person as missing.

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1. Inventory and establishment of guardianship over property:

  • On the basis of a court decision, the notary at the person's last place of residence makes an inventory of the property and establishes guardianship over it.
  • The guardian of the property manages it in the interests of the missing person, repays debts at his or her expense, and assumes civil duties.
  • If the missing person had dependents, the guardian may provide them with maintenance at the expense of this property.

2. Civil legal capacity is not terminated:

  • The missing person remains a subject of rights and obligations.

3. Guardianship/custody of children:

  • If both parents of a child are declared missing, guardianship or custody is established over the child.

4. Preservation of the place of work:

  • A person who has gone missing under special circumstances retains his/her place of work and position, but not longer than until he/she is officially declared missing or dead.

5. The right to survivor's benefits:

  • Family members who were dependent on such a person may receive appropriate payments.

6. Simplified procedure for divorce:

  • The spouse of a missing person has the right to divorce under a simplified procedure through the civil registry office.

7. Termination of powers of attorney:

  • All powers of attorney issued by or in the name of the missing person are terminated.

8. Change of the child's surname:

  • The other spouse has the right to change the child's surname to his or her own.

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