Legal consequences of the appearance of a person declared dead

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1. How can a decision to declare a person dead be cancelled?

  • If the person who was declared dead appears, or
  • If reliable information about the person's whereabouts is obtained.

2. Where to apply for cancellation of the decision?

  • To the court at the person's place of residence or
  • The court that issued the decision to declare the person dead.

3. Who can file an application?

  • The person who was declared dead, or
  • Other interested persons.

4. Consequences of cancellation of the decision:

  • Return of property:
  • A person has the right to demand the return of his/her property if it was transferred to other persons free of charge.
  • Exception: Money and securities are not subject to return.
  • Compensation for the value of property:
  • If a person's property has been sold, he or she is entitled to receive compensation for its value.
  • Loss of survivor's pension by dependents.
  • Restoration of marriage:
  • If the spouses have not remarried, the marriage can be renewed.

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