A Person Declared Dead Has Appeared: How a Court Decision on Death Is Canceled
The appearance of a person whom the court recognized as deceased initiates the legal procedure for canceling the relevant decisions and eliminating the consequences of their prolonged absence. The Sumy Interregional Department of the Ministry of Justice of Ukraine explained the legal mechanism for restoring a person's rights after their appearance if they were previously declared dead.
Legal consequences of declaring a person dead
The Ministry of Justice notes that recognizing a person as deceased by a court decision is almost equivalent in its consequences to an officially registered death.
At the same time, heirs who received property are temporarily restricted in its disposal: for five years, real estate cannot be alienated, and a notary establishes a prohibition on its sale or other transactions to preserve the property.
Cancellation of the decision in case of the person's appearance
If a person declared dead appears or their whereabouts are established, the court decision is subject to cancellation.
After that, the person may demand the return of property that was transferred to others free of charge, if it has been preserved in kind. At the same time, this does not apply to property acquired by acquisitive prescription, as well as money and bearer securities.
Return of property and financial compensation
If the property was transferred under a paid contract, it is subject to return only if it is proven that the new owner knew that the person was alive.
In case it is impossible to return the property in kind, compensation for its value is provided. If the property has already passed into state ownership and was sold, the funds received from its sale are returned.
Restoration of family status
The appearance of the person also entails the annulment of the court decision on death and the corresponding entry in the state register.
This may be grounds for restoring marital relations, but only if neither spouse has entered into a new marriage.
After that, the civil status registry offices annul the record of divorce and the issued certificate, which effectively restores the previous family status.
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