المفقود في القانون الجرائري

Abstract

Abstract of Master’s Thesis

A missing person is an absent person who does not know his whereabouts or his life from his death, and a person is not considered missing except by a judicial ruling, based on the request of one of his relatives or those with an interest or from the public prosecution and in accordance with the legal procedures provided for in the code of civil and Administrative Procedure, and the issuance of a verdict of loss entails financial and other non-financial implications, namely the curator the responsible provider to manage and maintain the missing person's funds, and spending them only in necessities, and other implications are the possibility and the right of the wife to seek a divorce, as well as the interruption of civil litigation. After four years of research and investigation, those who have the capacity and interest can file a claim for the death of the missing person in accordance with the provisions of the Civil Status Law, in addition to the public prosecution, and this is in cases where death is predominant, but in safety cases, discretion is left to the judge in issuing a death sentence on the missing person, provided that the period is more than four (04) years, and the death sentence results in the division of the missing person's funds to the heirs and the wife's discretion, as well as the expiration of judicial litigation. And if the missing person returns alive, he will recover the rest of his money in accordance with the family law, but this law did not specify the fate of his wife and left the matter to the text of Article 222 of it.