Research On The System Of Declaration Of Death

Declaration of death is an important system in modern civil law. It is stipulated in General Principles of the Civil Law of the People's Republic of China, but it needs to be made perfect in further step. If we examine the legislature history of the declarations of death system of the world, such system country must be reformed. We must make legislation with German mode; that is to say, we should establish a system to replace missing persons declaration of the property superintended system, this system must base on our General Principle of the Civil Law. The death declaration system must be made further perfect in preserving primary regulation, the application right of declaration of death does not regulate in sequence with the missing persons' interest relation. We should stick to the system that procuratorates have no right to apply for declaration of death, the dead time of the person who has been declared for death is the date that legislated time is due. The effect of death declaration canot terminate the capacity for civil rights of the natural person in private law, but a part of civil legal relationship in a certain time terminates, and this has no relation with public law. The dead date deduce from death declaration doesnot coincide with the date of natural death, it must be regulated for the legal cause for the rescind of death declaration, after rescind of death declaration, the property right resumes in different situation, marry relationship can not resume automatically. The living person who has not be applied for death declaration must be treated as civil body.