Commentary to article 32. Consequences of the appearance of a person declared dead by the Civil Code of the Republic of Kazakhstan
The appearance or discovery of a person declared dead serves as the basis for the cancellation of an earlier court decision declaring a citizen deceased by a new court decision. The new court decision serves as the basis for the cancellation of the death record in the civil registry book (art. 254 of the CPC).
Paragraphs 2, 3, 4, 5 and 6 of the commented article speak about the property consequences of the cancellation of a court decision declaring a citizen dead. These consequences vary depending on whether the person's property was transferred to other persons free of charge or with payment, whether they knew or did not know at the time of the acquisition of the property that the citizen declared dead was alive.
If someone receives the property of a person declared dead free of charge, the latter has the right to claim it from the purchasers, regardless of the time of his appearance.
Persons who acquired property through paid transactions from the legal successors of a person declared deceased are obliged to return the property to him or reimburse its value only if they knew at the time of acquisition of the property that the latter was alive. In this case, the alienator of the property is jointly and severally liable with its acquirer (see art. 287 of the Civil Code).
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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.
