If the goods are handed over to the absent person or if there are certain messages about their existence, the declaration of death is null and void and will result in the return of these goods at the request of the person concerned. Death marks the life of the human person and with it the being as a subject of the law. This indisputable reality justifies the text of article 93 of the draft, which states: “The existence of the human person ends with his death”. With regard to section 103 of the current Code, we can point out that references to “natural death” are deleted as opposed to the institution of “civil death” because they are considered anachronistic. All of this stems from the principle that the legal system assigns to every human being the legal category of the person solely by the fact that he or she is one. Therefore, death, by evoking the interior of physical life, simultaneously causes the inalization of the effects of the personality assigned by the legal system. The existence of natural persons occurs at the time of death. Death is “a decomposition, a dissolution, a rupture” and “occurs when the spiritual principle that reigns over the unity of the person can no longer exercise its functions on the organism and in the organism from which the elements, left to themselves, are separated”. 1 The exact moment of biological death occurs in mystery, in the context of a process of degradation that takes place from the moment a person has all his vital functions until the death of the last living cell of his organism. But even if it is not possible to determine until the last consequences what is the exact time of death of a particular person, once it has occurred, it is possible to distinguish between living and dead through different types of verification. After hearing from the defence lawyer, if the legal extremes match, the absence must be declared and a guardian must be appointed.
Because the appointment must be as it is intended for the evaluation of curatorship. The Conservator can only carry out acts of conservation and proper management of the property. Any act that goes beyond the ordinary administration must be approved by the judge; Authorisation should only be granted when there is a clear and urgent need. (c) bribery or active bribery of national officials (article 250 of the Criminal Code) and foreign public officials (article 251 bis of the same legal person). The person is legally subject to rights and obligations, that is, to any being who is able to have contractual rights and obligations. From a legal point of view, the Civil Code distinguishes between: (i) natural persons (natural persons or human beings) and (ii) legal persons (which corresponds to a legal fiction). The article of the draft, which succeeds its predecessor, is limited to the time of existence of human beings at the time of their natural death, without specifying the conditions that must be judged for a person to be considered dead. The real legal problem is not really to determine the exact time of death, but to determine generally its concept and the valid means of verifying it. Conventional address. It is that determined by persons for certain obligations (Article 69 of the Civil Code), and legal residence determined by law, or a person for the exercise of his rights and the performance of obligations. For example, children and adolescents living under parental authority (their parents or one of them) have their parental or maternal residence (Article 72).
ARTICLE 90 The legal existence of every human being begins at birth, that is, when he is completely separated from his mother. After six months, after receiving the evidence and hearing the defence lawyer, the judge must declare the alleged death if the legal grounds are proven, determine the presumed date of death and order the registration of the judgment. Citizenship is considered a fundamental right and there is a consensus that people should be prevented from being stateless (literally stateless, stateless). The UN Refugee Agency (UNHCR) understands that “stateless person” means a person who is not recognized as a citizen by any country. In fact, many millions of people around the world are trapped in this legal vacuum and enjoy minimal access to legal or international protection or fundamental rights such as health and education” (UNHCR, Stateless Persons). The judge therefore takes, at the request of a person or by hearing, the measures he deems appropriate to protect the life of the unborn child if he considers that he is in danger in any way whatsoever. The residence of a person is legally important because, among other things: any person who has a subordinate right to the death of the person concerned can request the determination of the alleged death, justify legal extremes and the conduct of a procedure to determine the existence of the absent person.
