Decree No. 117 / 1945 Coll.
Decret of the President of the Republic governing the provisions on declaration of death
Valid
Effective from 20.11.1945
117.
Decret of the President of the Republic
of 27 October 1945
laying down provisions for the declaration of death.
On the proposal of the Government and in agreement with the Slovak National Council, I establish:
General regulations on driving to declare dead and lead to proof of death.
(1) To declare a missing person dead is the competent district court, where the missing person had his general court in the country. In the absence of a general court, the competent district court, with which the appellant has its general court, shall be the one which has its general court.
(2) The provisions of paragraph 1 also apply to proceedings for the holding of proof of death.
In matters of declaration of death and proof of death, either proceed with legal proceedings undisputed.
If it is feared that it will be impossible or significantly difficult to identify facts which may be relevant to the decision on a declaration of death if the examination is delayed for a longer period, it may be ordered before the application for a declaration of death is lodged, so that such facts are found in the district court in whose district the necessary investigation is to be carried out.
Any person having a legal interest in determining the death of a missing person may submit a motion to declare a missing person dead or to lead a death certificate; If the public interest so requires, the Public Prosecutor may also submit a proposal.
(1) The proposal for a declaration of death may be submitted already a year before the period laid down in Article 24 of the Civil Act and Article I / 1911, as amended by the Law of 30 June 1921, No 252 Coll.
(2) However, if he was missing in the near danger of death, the proposal may be made immediately after the event in which his life was threatened.
(3) The application may not be decided before the expiry of the period referred to in paragraph 1.
If the court considers that there are legal conditions for a declaration of death, it shall designate a missing guardian for representation in proceedings; However, it may refrain from doing so if it considers that such representation is not necessary.
(1) The Court of First Instance shall call upon the Order, stating the essential circumstances of the case, of the person missing to make himself known, and all those with knowledge thereof, to report on it to the court or guardian, if provided.
(2) In the order, either it is stated that, after the prescribed editorial period and the reapplication, the court will decide on the declaration of death if the missing person does not come forward or the court will not know otherwise that the missing person is alive.
(3) The time limit for the issue of the order on the court record should be one year. In the case of Paragraph 5, paragraph 2, the period shall be determined by ending at the earliest by the expiry of the period concerned in Paragraph 5, paragraph 1. The date on which the deadline expires is stated in the decree.
(4) The decree is to be posted on the court record and published once in a document for the court decree. However, the Court of First Instance may order from its own authority that the Order be published in other documents or several times and that it be, moreover, known in the usual manner.
(5) Reports that the missing person is alive shall be reported by the court to the guardian; The guardian will also inform the court if the missing person is alive.
(1) The Court of First Instance shall decide on the death declaration after the end of the editorial period laid down in the Order only for a reapplication.
(2) If the court of the missing person is declared dead, it will determine a day which is considered the day of death. The date of death is either marked as the date on which, according to the result of the missing person's investigations, the missing person is likely to have died or not survived, or the last day of the period where the expiry of the missing person's presumption of having died.
(3) If only the day of death is found, the end of the day may be considered as the moment when death came.
The order by which the missing person has been declared dead shall also be served by the District Court of the District Court of the District Court of the District Court of Justice. The state's attorney is entitled to a recourse.
(1) If it cannot be proved by a public document that the missing person has died, the court (§ 1, paragraph 2) may submit an application for proof of death by other means of accompanying it and ask for a statement that such evidence has been carried out.
(2) If the court admits that the application is eligible for the initiation of proceedings, it shall issue a decree on which the provisions of Section 7 apply mutatis mutandis. The duration of the period shall be reduced accordingly, but not below three months.
(3) Paragraph 6 is to be applied mutatis mutandis.
(4) The evidence may be carried out before the time limit laid down in the Order expires. Before a decision is taken, the court shall hear the parties on the evidence made.
(5) If the court admits that the evidence of death was carried out, it shall state the day of death in the decision. The day of death is either marked by the day on which the missing person died or who did not survive.
(1) If the person declared dead is alive or dead on a day other than that given in the judgment as the day of death, it may be proposed that the decision on the declaration of dead be revoked or corrected. The court which declared the missing person dead in the first chair and, if this court is not in the country, the court which would have jurisdiction under Paragraph 1, paragraph 1.
(2) An application for annulment or correction of a judicial decision may be made by the person who has been declared dead, by the person who has a legal interest in the revocation or correction of a judicial decision, and by the prosecutor in the public interest.
(3) The decision to revoke or correct a declaration of death shall be effective for and against all parties to the proceedings.
(1) If the person who has been declared dead comes to the court in person and requests that the decision to declare dead be annulled, the court shall withdraw them without further action, unless there is doubt that the appellant is indeed the one who was declared dead.
(2) The court which has examined the estate will then arrange for the appellant to be brought back in possession of the property which, after being declared dead, has passed on to other persons; However, if there is a need to investigate the facts at issue, it will refer the participants to the law.
(3) The court shall also arrange for the detention of the detention order if the guardian is appointed to the children of the deceased, and for the applicant to be allowed again to exercise paternity power.
Paragraphs 12 and 13 shall apply mutatis mutandis if the missing person is still alive after the decision that proof of his death has been made or if he died on a day other than that recognised as the day of his death.
The costs of the proceedings, including those of the guardian, shall be borne by the applicant. If the missing person has been declared dead or if proof of his death has been made, the applicant may claim reimbursement of these costs from the estate. If the proceedings have been led to a proposal from the Prosecutor's Office, the costs shall be based on an appropriate official advance; the provisions of sentence 2 shall be applied mutatis mutandis.
Special regulations for participants in the war between 1939 and 1945.
(1) Those who became missing as a participant in the war between 1939 and 1945 can be declared dead, not only if the conditions laid down in the regulations still in force (§ 5, par. 1) are present, but also when two years have passed since the day he was still alive according to the reports.
(2) If the Ministry of Labour and Social Welfare or the Office (authority) authorised by it to do so confirms that the missing person has been affected by an event in which, according to general experience, all the disabled are likely to have died (transport of political prisoners and other persons imprisoned in concentration camps to certain locations, air bombardment and so on), he may be declared dead even if six months have elapsed since the date on which he was still alive according to the reports.
(1) In the process of declaring a missing person dead, it is considered to be a party to the war, particularly members of the armed power of one of the warring states, participants of the national resistance, including the partisans, fighters in the revolutionary uprising of the Czech and Slovak people and persons who, at the time of the unfreedom as a result of the occupation or national, racial or political persecution, were brought in, evicted, interned or imprisoned, and persons who, before becoming unreported, were present in places where special war events (such as fighting, shooting, explosions, air bombarring, boat accidents, fires and so on).
(2) The Court of First Instance shall decide, in accordance with the circumstances of the case, whether another person may be considered a party to the war in the proceedings for declaration of death.
A motion to declare a missing victim of a war for the dead may be made as from the end of the year from the day on which he was still alive, according to the reports. But if he was missing in the near danger of death, the motion may be taken immediately.
(1) The time limit for the issue is one year. However, in the case of Paragraph 19, sentence 2, the period shall be determined by ending at the earliest by the expiry of the period referred to in Paragraph 17.
(2) If, at the time of the issue of the Order initiating the proceedings for the declaration of the missing person's death, the period laid down in Article 17 has expired, the editorial period shall be six months.
(3) In the cases referred to in Paragraph 17 (2), the editorial period is six weeks.
(4) The time limit shall begin on the date of the publication of the order initiating the proceedings for the declaration of the missing person's death on the court record. The date on which the deadline expires is stated in the decree.
In proceedings to lead the evidence of death, the court, if it is a party to the war, may reduce the editorial period accordingly, up to 15 days. The Court of First Instance may waive the hearing of the parties on the evidence made, unless the hearing can be conducted without significant difficulty.
Final provisions.
They shall be deleted:
1. § 112 to 114 and § 277 of the Act,
2. provision of the Law of 16 February 1883, No 20, on the procedure for the declaration of death and for the holding of proof of death, as amended by the Law of 31 March 1918, No 129,
3. the provisions of the Law of 31 March 1918, No. 128, on the declaration of the dead persons missing in the present war, as amended by the Law of 30 June 1921, No. 252 Coll.,
4. the provisions of § § 732, 733, § 1, point 3, subparagraphs 2 and 3 and § § 734 to 748 of Article I / 1911, as amended by the Law of 30 June 1921, No 252 Coll.,
5. the provisions of the Act of 30 June 1921, No 252 Coll., governing the provisions on the declaration of death, with the exception of Article III (1) (1) (1);
6. a reference to Article 743 of Act I / 1911 in Clause 73 (c) of the Act XXXI / 1894 on matrimonial law, as amended by Article VII of the Law of 30 June 1921, No 252 of the Coll., and Clause 73 (2) of the Law of XXXI / 1894.
Provisions referred to in the Section It shall be used, unless otherwise provided for in this decree, also for legal proceedings under Section II.
The courts still have jurisdiction to finalise proceedings initiated prior to the date of application of this decree in accordance with the provisions of that decree and in particular to amend the editorial time limits already laid down as necessary.
The motion of the surviving spouse to have the marriage parted, which was filed after his husband's declaration of death, shall be decided by the court which, in the first chair, decided on the declaration of death, and if this court is not in the Czechoslovak Republic, the district court in which the appellant has his general court.
This Decree shall take effect on the seventh day following its publication; It shall be implemented by the Minister of Justice in agreement with the Ministers involved.
Dr Beneš v. r.
Fierlinger v. r.
Dr Stránská v. r.
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Regulation Information
| Citation | Decree No. 117 / 1945 Coll., adjusting the provisions on declaration of death |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.11.1945 |
|---|---|
| Effective from | 20.11.1945 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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