Consequences of the appearance of a person declared dead
Declaring a person dead, unlike death, establishes only a presumption, but not the fact of death itself. Therefore, in those exceptional cases when a person declared dead is actually alive, the court's decision will in no way affect his legal capacity. If a citizen really died, then his legal capacity ceases due to natural death, regardless of when a court decision is issued declaring him dead. In case of appearance or discovery of the place of residence of a person declared dead, the relevant decision is annulled by the court (paragraph 1 of Article 32 of the Civil Code). The court's decision is the basis for annulment of the death record in the civil registry book (part 1 of Article 322 of the CPC).
Consequences of the appearance of a person declared dead
In this regard, a citizen may demand from any person the return of the preserved property that passed to this person after the citizen was declared dead (paragraph 2 of Article 32 of the Civil Code). If the property of a person declared dead has been alienated by his legal successor to third parties who have not paid the purchase price in full by the time of the person's appearance, then the right to claim the unpaid amount passes to the person who appeared (paragraph 3 of Article 32 of the Civil Code). Persons to whom the property of a citizen declared dead has passed through compensated transactions are obliged to return this property to him, and in the absence of their property, to reimburse its value if it is proved that at the time of the acquisition of the property they knew that the citizen declared dead was alive (paragraph 4 of Article 32 of the Civil Code). If the property of the person declared deceased has passed by right of inheritance to the state and has been sold, then after the cancellation of the decision to declare the person deceased, the amount earned from the sale of the property, taking into account its market value on the day of payment, is refunded to him (paragraph 6 of Article 32 of the Civil Code).
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