Author: British Columbia Coroners ServicePublisher:
ISBN:
Category : Absence and presumption of death
Languages : en
Pages : 2
Book Description
Seeking Legal Declaration of Death for a Missing Person
Author: British Columbia Coroners ServicePublisher:
ISBN:
Category : Absence and presumption of death
Languages : en
Pages : 2
Book Description
Survivorship and Presumption of Death Act
Author: British ColumbiaPublisher:
ISBN:
Category :
Languages : en
Pages : 2
Book Description
Uniform Presumption of Death Act
Author: National Conference of Commissioners on Uniform State Laws. Committee on Uniform Presumption of Death ActPublisher:
ISBN:
Category : Absence and presumption of death
Languages : en
Pages : 20
Book Description
Report on Presumption of Death
Author: Scottish Law CommissionPublisher:
ISBN:
Category : Social Science
Languages : en
Pages : 108
Book Description
Presumptions of Survivorship and Death
Author: Scottish Law CommissionPublisher:
ISBN:
Category : Absence and presumption of death
Languages : en
Pages : 59
Book Description
Presumption of Death from Absence
Author: Harry Morton GrossPublisher:
ISBN:
Category : Absence and presumption of death
Languages : en
Pages : 158
Book Description
Report on Presumptions of Survivorship
Author: Law Reform Commission of British ColumbiaPublisher:
ISBN: 9780771883385
Category : Inheritance and succession
Languages : en
Pages : 29
Book Description
Presumption of Death Act 2013
Author: Great BritainPublisher:
ISBN: 9780105413134
Category : Law
Languages : en
Pages : 14
Book Description
Under the law of England and Wales the disappearance of a person does not affect the ownership or control of their property and affairs. In such circumstances it may be difficult or impossible for those left behind to obtain a death certificate if they believe the missing person must be dead. Without a death certificate, the missing person will for legal purposes generally be assumed to be alive. This Act will introduce into the law of England and Wales a new court based procedure enabling those left behind to obtain a declaration from the High Court that the missing person is to be deemed to have died. If the High Court has jurisdiction and the application is properly made by a person entitled to make it, the court will make the declaration if it is satisfied that the missing person has died or has not been known to be alive for a period of at least seven years. The court will send a copy of the declaration to the Registrar General for England and Wales when it can no longer be the subject of an appeal. The declaration will be conclusive as to the presumed death and effective for all purposes and against all persons. The missing person's property will pass to others in the same way as if the missing person had died and been certified dead in the normal way and his or her marriage or civil partnership will end as a marriage or civil partnership ends on death.
Presumption of Death Act 2013
Author: Great BritainPublisher:
ISBN: 9780105613138
Category : Absence and presumption of death
Languages : en
Pages : 16
Book Description
Under the law of England and Wales the disappearance of a person does not affect the ownership or control of their property and affairs. In such circumstances it may be difficult or impossible for those left behind to obtain a death certificate if they believe the missing person must be dead. Without a death certificate, the missing person will for legal purposes generally be assumed to be alive. This Act will introduce into the law of England and Wales a new court based procedure enabling those left behind to obtain a declaration from the High Court that the missing person is to be deemed to have died. If the High Court has jurisdiction and the application is properly made by a person entitled to make it, the court will make the declaration if it is satisfied that the missing person has died or has not been known to be alive for a period of at least seven years. The court will send a copy of the declaration to the Registrar General for England and Wales when it can no longer be the subject of an appeal. The declaration will be conclusive as to the presumed death and effective for all purposes and against all persons. The missing person's property will pass to others in the same way as if the missing person had died and been certified dead in the normal way and his or her marriage or civil partnership will end as a marriage or civil partnership ends on death.
Presumptions of Survivorship Or Simultaneous Death in Cases of 'Common Calamity'
Author: Reinhard ZimmermannPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The property of a deceased person can pass only to someone who has survived him or her. It can, however, turn out to be impossible to establish the order of death, particularly if both persons have died in a common peril or "calamity". In the sources of Roman law we find two survivorship-presumptions relating to the simultaneous death of parent and child as well as a number of decisions concerning other, individual case scenarios. On that basis, the French Code civil of 1804 established a complex set of presumptions based on age and sex. The rules in the codifications of the German-speaking countries were much more straightforward, for they established a presumption of simultaneous death. The present article traces the interpretation and reform of the various presumptions. And it traces the development of Scots and English law against the background of continental European law of which the Scots and English courts had a somewhat skewed perspective. Since the position at common law was regarded as unsatisfactory, in both legal systems the legislator has intervened.
