Chapter XXIV
PROCEDURES FOR RESOLUTION OF PETITIONS FOR DECLARING PERSONS DEAD
Article 335.- Petition for declaring a person dead
1. Persons with related rights and interests may request the court to declare a person dead according to the provisions of the Civil Code.
2. A petition for the court to declare a person dead must fully contain the details prescribed in Clause 2 of Article 312 of this Code.
3. The petitions must be accompanied by evidences to prove that the persons who are requested to be declared dead have already died in one of the cases specified by the Civil Code.
Article 336.- Preparing for petition consideration
1. The time limit for preparing to consider a petition for declaring a person dead shall not exceed thirty days as from the date the court receives the petition; upon the expiry of that time limit, the court must issue a decision to open a meeting to consider the petition.
2. Within the time limit for preparing to consider a petition, the court shall issue a decision to stop considering the petition if the petitioner withdraws his/her petition or the person who is requested to be declared dead returns and requests the court to stop the consideration of the petition.
3. Within ten days as from the date of issuing the decision to open the meeting, the court shall open a meeting to consider the petition.
Article 337.- Decision to declare a person dead
1. The courts may accept or not accept petitions to declare persons dead.
2. In case of accepting a petition, the court shall issue a decision declaring a person dead. In such decision, the court shall determine the date on which that person died and the legal consequences of declaring a person dead according to the provisions of the Civil Code.
Article 338.- Petitions to annul court decisions that have declared persons dead
1. In cases where the person who is declared dead returns or where there is reliable information affirming that such person is still alive, that person or persons with related rights and interests may request the court to issue decision annulling the decision that has declared such person dead.
2. A petition for the court to annul a decision declaring a person dead must fully contain the details prescribed in Clause 2, Article 312 of this Code.
3. The petitions must be accompanied by evidences to prove that the persons who are declared dead have returned or are still alive.
Article 339.- Decisions to annul decisions that have declared persons dead
1. Within 15 days as from the date of receiving a petition for annulling a decision that has declared a person dead, the court shall open a meeting to consider the petition.
2. The courts may accept or not accept petitions.
3. In case of accepting a petition, the court shall issue a decision to annul the decision that has declared a person dead. In the latter decision, the court must determine the legal consequences of the annulment of the decision declaring a person dead according to the provisions of the Civil Code.
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