THE ABSENCE DECLARATION
LexInter | June 4, 2003 | 0 Comments

THE ABSENCE DECLARATION

Article 1066

(inserted by Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
Requests relating to the declaration of a person’s absence are brought before the tribunal de grande instance in whose jurisdiction the person remains or had his last residence.
Failing that, the competent court is that of the place where the applicant lives.

Article 1067

(inserted by Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
   The request is formed, investigated and judged as a free matter.

Article 1068

(inserted by Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
   The period within which the extracts of the declaratory judgment of absence must be published may not exceed six months from the pronouncement of this judgment; it is mentioned in the extracts submitted for publication.

Article 1069

(inserted by Decree n ° 81-500 of May 12, 1981 art. 5 and 52 Official Journal of May 14, 1981 corrigendum JORF May 21, 1981 in force on January 1, 1982)
The appeal is formed, instructed and judged as a matter of grace.
The appeal period begins with regard to the parties and third parties to whom the judgment has been notified, one month after the expiry of the period set by the court for the completion of the publicity measures of article 127 of the Civil Code. .
The time limit for appeal in cassation suspends the execution of the decision declaring absence. The cassation appeal lodged within this period is also suspensive.

 

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