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Research on the System of Declaration of Death

Author: JiangZuo
Tutor: WuXiaoMing
School: Shenyang University of Technology
Course: Civil and Commercial Law
Keywords: Declared dead Missing System Reconstruction
CLC: D923.1
Type: Master's thesis
Year: 2010
Downloads: 120
Quote: 0
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Abstract


In real life , the natural thing missing is more common after the disappearance of the natural person leads to a series of legal issues, such as the protection of the missing property interests , to protect the interests of the stakeholders of the missing person 's personal and property interests . In view of the disappearance of natural persons to bring a series of problems to be solved , many countries in the world to establish a legal system to try to solve this problem , the main legal system declared missing system and declared dead system . China 's \China is developing the Civil Code . In this paper consists of six main parts , namely: introduction, declared dead system overview, national legislation declared dead cases , defects and shortcomings of our declaration of death system , build with Chinese characteristics missing person declared the recommendations and the conclusion of the system of . First, the article describes the meaning of declared dead system , History , and the constituent elements . Second, the regime declared the legislation on missing people abroad . According to the different legal traditions and national legislation habits , the world in general , there are three major legislation of the \\Then, the flaws and shortcomings of the system of China declared dead . Theoretical flaws and shortcomings mainly reflected in terms unscientific logic confusion and value missing ; defects and shortcomings of practice is mainly manifested in the scope and sequence of the interested party , be declared the death of civil rights and marital relations . Finally, it proposes should improve the current declared missing system as the main system , the escrow system and the prosecutors to the missing property declaration system for the auxiliary system to build a new type of missing person declared system .

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