Absence decision is the declaration of a person as missing by a court decision because he has not been heard from for a long time or is lost in danger of death. TMK art. 32-35.
Conditions
- Disappearing in danger of death:At least 1 year has passed since the incident
- No news for a long time: 5 years have passed since the last news
Right to Request
- Anyone with rights and interests. (spouse, child, creditor, etc.)
Process
- Suit in the civil court of peace
- The court gives announcement (in newspapers)
- At least 6 months are waited from the announcement
- Decision is given
Results
- The person is dead. It is considered as
- Opening of inheritance
- End of marriage
- Change of custody order
If Returns
If the person declared absent appears later, he/she may request cancellation of the decision. He can claim his rights regarding his assets from the current owners (acquired rights are reserved).
Civil law lawyer is recommended.