Title 18

in force

Absence, disappearance and determination of death in certain cases

Civil Code — Book 1 (Burgerlijk Wetboek Boek 1) · Articles: 22

Section 1

Property administration in case of absence (bewind)

1:409 Article 1:409

If a person who has left their place of residence has not made sufficient arrangements for the administration of their property, and a necessity…

1:410 Article 1:410

Insofar as the subdistrict court judge does not determine otherwise, Articles 338, 339, 340, 342-357, 358 paragraph 1 and 359-363 of this Book shall…

1:411 Article 1:411

The administration ends:

Section 2

Persons whose existence is uncertain

1:412 Article 1:412

When a share in an estate or a legacy accrues to a person whose existence is uncertain, to which others would be entitled if he were not alive, the…

1:413 Article 1:413

If the existence of a person is uncertain and the period of time specified in the following paragraph has elapsed, interested parties may petition…

1:414 Article 1:414

The court shall determine the date and hour for which the missing person (vermiste) must be summoned. The summons shall be issued for a period of one…

1:415 Article 1:415 repealed

1:416 Article 1:416

No appeal shall be permitted against orders containing a direction to summon the missing person (vermiste).

1:417 Article 1:417

As soon as the order establishing the missing person (vermiste) status has become final and conclusive, the clerk of the court before which the case…

1:418 Article 1:418

Heirs and legatees of the person in respect of whom the missing status has been established are obliged, before taking possession of the assets of…

1:419 Article 1:419

The deed by which security has been provided, the description of the estate and the deed of partition must be deposited in original or in authentic…

1:420 Article 1:420

When it appears to the subdistrict court (kantonrechter) that an heir or legatee has failed to comply with the obligations imposed on him in the two…

1:421 Article 1:421

The provisions of the preceding three articles regarding heirs who receive assets from the estate shall apply mutatis mutandis to the spouse…

1:422 Article 1:422

When the missing person (vermiste) returns, or when it appears that the date of death has been incorrectly stated in the death certificate, anyone…

1:423 Article 1:423

If, within five years after the day on which the death certificate was drawn up in accordance with Article 417 of this Book, it is proven that this…

1:424 Article 1:424

1:425 Article 1:425

If the surviving spouse of a missing person has entered into a new marriage, but the missing person was still alive after the day stated as the date…

Section 3

Determination of death in certain cases

1:426 Article 1:426

If the body of a missing person (vermiste) has not been found but, taking all circumstances into account, his death can be considered certain, the…

1:427 Article 1:427

The order, containing the declaration that the person referred to in Article 426 has been declared deceased (overleden verklaren), shall state the…

1:428 Article 1:428 repealed

1:429 Article 1:429

The clerk of the court before which the case was last pending shall send a copy of the decision, as soon as it has become final (res judicata), to…

1:430 Article 1:430

The records, drawn up in accordance with Article 429, shall be deemed to be records of death within the meaning of Article 19f, paragraph 1.