Art. 42 of the Civil Code of the Russian Federation. Recognition of a citizen as missing

A prolonged absence of a person for unknown reasons at his place of residence can significantly violate the interests of others. Therefore, if a citizen does not have any information within one year, he can be recognized by the judicial body as missing. For this, interested parties need to file an application. As a rule, such cases are dealt with in a special order.

What do I need to know?

A citizen can be recognized as a missing judicial body if within one year there is no information about him at his place of residence. This is stated in art. 42 of the Civil Code of the Russian Federation.

To do this, you must file an application for recognition as missing. This rule is also established art. 42 of the Civil Code of the Russian Federation. Interested persons can be all citizens who were with a missing person in certain legal relationships. For example, a husband or wife, dependents, creditors, as well as other persons with certain powers.

Definition

In the event that for one year there is no information on the whereabouts of a person, interested persons can file a statement with the judicial authority and recognize it as missing. This provision is fixed in Art. 42 of the Civil Code of the Russian Federation.

What is the unknown absence of man? This is primarily a fact established by the judicial body, on the basis of the information provided by the interested persons. The latter can include: the summons of the citizen, letters, other correspondence, as well as a copy of the statement about the search for the missing person, which was submitted to the police.

Features

A person can be recognized as missing only by a court. This is indicated by the norm of Art. 42 of the Civil Code of the Russian Federation. Only on the basis of the decision of the judicial authority, the spouse will be able to dissolve the marriage union with the person recognized as missing, and the dependents - receive a special payment for maintenance from the state.

This process takes place in the order of special production. In other words, the interested persons file not a lawsuit, but an application. In addition, it will be necessary to provide all available information, as well as any evidence indicating that the person disappeared without a trace. Persons interested in resolving this issue may submit testimony, statements and letters not received by the addressee.

A comment

Only a judicial authority on the basis of an application submitted by interested persons has the right to recognize a citizen as missing. This is stated in art. 42 of the Civil Code of the Russian Federation. It is impossible to disagree with the comments here. In addition, it should be noted that the meeting on this issue is held only in a special order. Here it is necessary to submit to the judicial authority a statement and confirming data that there really was no information about the person at his place of residence during the year. Interested persons should participate very actively in the search for all evidence of the fact that the citizen has completely disappeared. They can invite witnesses to the court, submit documents from the internal affairs bodies.

Effects

What happens after a person is recognized as missing?

All his property is transferred to trust management. This is one of the most significant actions, thanks to which the maintenance of dependents is given out and debts of the person before the credit organizations are extinguished. The manager is appointed guardianship, with him they conclude a special agreement.

After recognizing a citizen as missing, the power of attorney issued to him personally terminates, children are entitled to a pension, and another spouse can unilaterally terminate the marriage.

In the event that the missing citizen returns, the judicial authority cancels his decision.

Judicial practice under art. 42 Civil Code of the Russian Federation

The man did not live with his wife, they just went to different cities and for a long time did not see each other. After he decided to dissolve her marriage and share the common property, it turned out that she did not live at the new address of her registration and she had not been seen for a long time. This fact was confirmed by the neighbors. The man decided to go to the police and wrote a statement. The search continued for several months, but the result was not given.

The man was forced to apply to the judicial authority. This rule is specified in art. 42 of the Civil Code of the Russian Federation. The recognition of a person as missing is allowed if there is no information about the last place of residence for one year.

From the case materials:

The legal spouse of citizen N. appealed to the judicial authority with a statement to recognize the latter as missing. At the meeting, he cited credible facts that all searches for his wife were in vain. She did not live at her place of residence, her family also did not know where she was. The court ruled in which he recognized the citizen as missing.

Here it should also be noted that sometimes the disappeared citizens still come back. And the judicial authority cancels the decision made earlier.