THE PRESUMPTION OF ABSENCE
LexInter | June 4, 2003 | 0 Comments

THE PRESUMPTION OF ABSENCE

Article 1062

(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 presumption of absence are presented to the guardianship judge who exercises his functions at the district court in which the person whose presumption of absence is to be established remains or has had his last residence.
Failing that, the competent judge is that of the district court of the place where the applicant lives.

Article 1063

(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 made, investigated and judged according to the rules applicable to the guardianship of minors.

Article 1064

(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)
(Decree n ° 2004-836 of August 20, 2004 art. 52 I Official Journal of August 22, 2004 in force on January 1, 2005)
   An extract of any decision noting a presumption of absence or designating a person to represent a presumed absent and administer his property as well as of any decision modifying or canceling the measures taken is sent to the registry of the tribunal de grande instance in whose jurisdiction is born the person presumed absent, for the purpose of conservation in the civil register and publicity by mention in the margin of the birth certificate, according to the procedures provided for in articles 1057 to 1061. The transmission is made to the central civil status service for the people born abroad.

Article 1065

(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) 
(Decree n ° 82-716 of August 10, 1982 art. 1 Official Journal of August 17, 1982)
   When the decision has been rendered by the guardianship judge, the transmission is made by the clerk of the district court within fifteen days following the expiry of the time limits for appeal.
When the decision has been rendered by the tribunal de grande instance, the transmission is made by the clerk of the tribunal de grande instance within fifteen days of the judgment.

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image