Article 122
When ten years have elapsed since the judgment which established the presumption of absence, either in accordance with the procedures set out in Article 112, or during one of the legal proceedings pro…
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Showing 5031–5040 of 25519 articles for “Art. IV bis”
When ten years have elapsed since the judgment which established the presumption of absence, either in accordance with the procedures set out in Article 112, or during one of the legal proceedings pro…
The judge may, at any time and even of his own motion, terminate the assignment of the person so appointed; he may also proceed with his replacement.
The Public Prosecutor's Office is specially responsible for looking after the interests of presumed absentees; it is heard on all applications concerning them; it may ex officio request the applicatio…
…a partition, it may be made amicably. In the event of conflicting interests between the representative and the presumed absent person, the guardianship judge shall authorise the division, even if par…
The foregoing provisions, relating to the representation of presumed absentees and the administration of their property, shall also apply to persons who, as a result of removal, find themselves in spi…
As soon as the extracts have been published, the request is forwarded, via the public prosecutor, to the court, which rules on the basis of the exhibits and documents produced and having regard to the…
The judge may appoint one or more parents or relatives, or, where applicable, any other persons to represent the person presumed absent in the exercise of his rights or in any act in which he may be i…
When the declaration of absence judgment is given, extracts from it are published in accordance with the procedures set out in Article 123, within the time limit set by the court. The decision is deem…
…tends to be represented, it may only do so by a lawyer regularly registered with the bar. The operative part of the annulment judgment shall be published without delay, in accordance with the procedur…
The application for a declaration of absence is considered null and void if the absent person reappears or the date of his death is established, prior to the pronouncement of the judgment.
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