Civil Code (Cap. 16)

Civil Code (Cap. 16), article 299

Official PDF on legislation.mt

299. (1) If the absence of a person has continued for a period of six years since provisional possession has been granted or i f the absence has been declared by judg ment as provided under article 223 and such person is not one in respect of whose death the provisions of article 234 are not applicable in terms of articl e 235, then the heirs, whether testamen tary or heirs-at-law of the abs entee, or their heirs, or any interested person or the State Advocate, may make a demand to the court of voluntary jurisdiction in the isl and in which the absentee last resided to order the officer charged with the duty of drawing up the act of death, to draw up and deliver to the Director for registration within four days from that order, a certificate of death of the absent person according to Form G i n Part II of the First S chedule to this Code. (2) The absent person shall be presumed to have died on the day on which he was last heard of, and that date and all the particulars referred to in art icle 301, where known, shall be e ntered in the act of death. Return of absentee after final certificate of death. Added by: LIV .1974.8.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.