Commentary to article 28. Recognition of a citizen as missing by the Civil Code of the Republic of Kazakhstan
Legal relations involving a citizen who is not known where he is cannot exist and develop normally. Recognizing a citizen as missing is a legal form of eliminating uncertainty in legal relations with his participation, based on the presumption that the person is alive.
Recognition of a citizen as missing is carried out only by the court in accordance with the procedure provided for in the section on special proceedings of the CPC (Chapter 28), and only at the request of interested persons.
The mere fact of a citizen's absence, as well as information about him at his place of residence for one year or more, is not enough to recognize him as missing. Such recognition is possible if active attempts to establish his location have failed.
Recognizing a citizen as missing entails a number of significant legal consequences provided for by both the Civil Code and other legislation. Custody is established over the property of such a person (see Article 29 of the Civil Code), the power of attorney issued by him or her is terminated (paragraphs 7 and 8 of paragraph 1 of Article 170 of the Civil Code), the contract of assignment is terminated. The spouse of a person recognized as missing may terminate the marriage at the civil registration authorities (see art. 39 of the KBS). The legislation also provides for other consequences of recognizing a person as missing.
Comments on The Civil Code The Code of Criminal Procedure The Criminal Code The Normative resolution of the Supreme Court The criminal legislation The normative legal acts of the Republic of Kazakhstan
The commentary was prepared within the framework of the scientific and practical research program of the Scientific Research Center of Private Law of the Kazakh State Law University.
Head of the working group on the preparation of the draft Civil Code of the Republic of Kazakhstan, Corresponding Member of the Academy of Sciences of the Republic of Kazakhstan, Professor Suleimenov M.K.
Deputy head Professor Basin Yu.G.
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