Commentary to article 30. Cancellation of the decision to declare the Civil Code of the Republic of Kazakhstan missing
If a person recognized by the court as missing appears or is found, the court's decision on such recognition is annulled by a new court decision of the same court at the request of the citizen recognized as missing, other interested persons or the prosecutor in accordance with the procedure provided for in art. 254 of the CPC. This new court decision serves as the basis for the removal of custody from the property. At the same time, transactions made by the guardian before the cancellation of the court decision remain valid for the citizen who appeared.
All legal consequences that have arisen in connection with the recognition of a person as missing, in case of cancellation of the relevant court decision, are canceled by a new court decision, except for transactions concluded by the guardian within the limits of his authority. So, if the marriage of the missing person was terminated on this basis and neither of the spouses remarried, the marriage can be restored by the civil registration authorities upon a joint application of the spouses. If the marriage was dissolved by the court, it can be restored by the civil registry offices after the annulment of the court's decision on divorce (see art. 34 of the KBS).
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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.
