PROCEDURAL PECULIARITIES OF COURT PROCEEDINGS IN CASES OF ABSENCE AND DEATH DECLARATION

Iryna Tatulych ()
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Iryna Tatulych: Yuriy Fedkovych Chernivtsi National University, Ukraine

EURINT, 2022, vol. 9, 222-237

Abstract: The article focuses on the procedural peculiarities of court investigations in cases of missing persons and death declarations. The jurisdiction of such cases has been determined. The criteria and the arguments for declaring a person missing or deceased were singled out. The procedural status of the applicant and the person concerned was analyzed. The necessity to expand the range of case participants has been proved. Special attention has been paid to the court claim requirements. The article also examines the problem of object of proof and the process of filing the evidence to court in order to justify the applicant's claim. The paper reveals the issue of court judgements and the proceedings for its renewal. It also reveals the consequences in case such court statements are satisfied. The author examines the academic positions of those scholars who researched such institutes in civil procedure perspective as well as the case law.

Keywords: special procedure; missing person; death declaration; applicant; person concerned (search for similar items in EconPapers)
Date: 2022
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Persistent link: https://EconPapers.repec.org/RePEc:jes:eurint:y:2022:v:9:p:222-237

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