Section II: Declaration of absence

Applications relating to a person’s declaration of absence shall be brought before the judicial court within whose jurisdiction the person resides or last resided. Failing this, the competent court is that of the place where the applicant lives.

The claim is lodged, investigated and judged as in non-contentious matters.

The judgment is enforceable on a provisional basis only if it so orders.

The time limit within which extracts from the judgment declaring absence must be published may not exceed six months from the pronouncement of that judgment; it shall be mentioned in the extracts submitted for publication.

The appeal is lodged, investigated and judged as in non-contentious matters. The time limit for appeal shall run, with regard to the parties and third parties to whom the judgment has been notified, one month after the expiry of the time limit set by the court for the completion of the publicity measures of article 127 of the Civil Code. The time limit for lodging an appeal in cassation suspends…