Chapter I: Presumption of absence

When a person has ceased to appear at his place of domicile or residence without any news of him having been received, the guardianship judge may, at the request of the interested parties or the public prosecutor, establish that there is a presumption of absence.

The judge may appoint one or more parents or relatives, or, where applicable, any other persons to represent the person presumed absent in the exercise of his rights or in any act in which he may be interested, and to administer all or part of his property ; the representation of the person presumed absent and the administration of his property are then subject, subject to the provisions of this…

Without prejudice to the special jurisdiction attributed to other courts, for the same purposes, the judge shall determine, where appropriate, according to the size of the assets, the sums that should be allocated annually to the maintenance of the family or to the expenses of the marriage. He shall determine how provision is to be made for the establishment of the children. He shall also specify how the administrative expenses…

The judge may, at any time and even of his own motion, terminate the assignment of the person so appointed; he may also proceed with his replacement.

If the presumed absent person is called to a partition, it may be made amicably. In the event of conflicting interests between the representative and the presumed absent person, the guardianship judge shall authorise the division, even if partial, in the presence of the substitute appointed in accordance with Article 115. In all cases, the liquidation statement is subject to approval by the guardianship judge. Division may also be made…

The Public Prosecutor’s Office is specially responsible for looking after the interests of presumed absentees; it is heard on all applications concerning them; it may ex officio request the application or modification of the measures provided for in this title.

If a person presumed absent reappears or gives news of himself, the measures taken for his representation and the administration of his property shall, at his request, be terminated by the judge; he shall then recover the property managed or acquired on his behalf during the period of absence.

Rights acquired without fraud, on the basis of the presumption of absence, are not called into question when the death of the absent person is established or judicially declared, regardless of the date chosen for the death.

The foregoing provisions, relating to the representation of presumed absentees and the administration of their property, shall also apply to persons who, as a result of removal, find themselves in spite of themselves unable to express their will.

These same provisions do not apply to presumed absentees or persons mentioned in Article 120 when they have left sufficient power of attorney to represent them and administer their property. The same applies if the spouse is able to provide sufficiently for the interests in question through the application of the matrimonial property regime, and in particular through the effect of a decision obtained under articles 217 and 219, 1426and…