When is a missing person considered deceased?

First there is the so-called "presumption of absence", which a court will establish when a person no longer appears at their place of residence for more than three months, or when no news has been received about that person for at least three months and this gives rise to uncertainty about whether they are alive or dead. Next there is the "declaration of absence". The court can declare a person absent when a further five years have passed since the judgment of 'presumption of absence', or when seven years have passed since news was last received of the missing person. The decision is recorded in the civil registry, and from that date has the same consequences as a death. This means:

- release of the inheritance - dissolution of the marriage - opening of guardianship over the minor children if the other parent has died

Finally, there is also the "judicial declaration of death". This is intended for people who have disappeared in life-threatening circumstances. It concerns people who are known with certainty to have died, but whose death cannot be established because the body could not be recovered or could not be identified. This can include:

- victims of war - victims of bomb explosions - victims of plane crashes

This judicial decision has the same value as a death certificate, and therefore also has the same consequences as a death. The death is deemed to take effect from the date designated by the court.

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