Civil Code (Cap. 16)
Civil Code (Cap. 16), article 299
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.
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.