When a missing person may be declared dead in polish law?

In pursuance of article 29 of the Polish Civil Code, a missing person may be declared dead if the period of ten years has elapsed since the end of the calendar year in which, according the existing information, he was still alive. However, if at the time of the declaration of death the missing person would have completed his seventieth year of age, five years shall suffice. But yet declaration of death can not be made before the end of the calendar year in which the missing person would have completed his twenty-third year.

Notwithstanding, provisions of the Polish Civil Code contain different regulation concering people who have dissapeared in connection with variant types of disasters. Namely, a person who has dissapeared during an air oraz sea voyage, in connection with a disaster to the vessel or ship or any other special incident, may be declared dead after the lapse of six months from the day of the disaster or special incident. However, if no disaster to the vessel or ship can be ascertained, the period of six months shall begin to tun on the lapse of one year from the day on which the vessel or ship was supposed to arrive at its port of destination, and when it had no port of destination, on the lapse of two years from the day on which it was last heard of.

Still, a person who has disappeard in a direct peril of his life, other than those indicated above, may be declared dead one year after the day on which the peril did cease, or accordingly to the circumstances, should have ceased (article 30 of the Polish Civil Code).

In accordance with article 31 of the Polish Civil Code, the missing person is presumed to have died at the moment indicated in the decree of the declaration of death. The moment most probable in the circumstances shall be indicated as the presumed moment of death, and in the absence of any certain information, the first day of that period upon the lapse of which a declaration of death was permissible. If the decree on the declaration of death indicates the time of death only as a certain day, the end of that day shall be considered as the moment of death.

In addition, when several persons have lost their lives in a common peril, they shall be persumed to have died simultaneously (article 32 of the Polish Civil Code).

legal status: 13.04.2013