Section 5 Adjudication Cases Regarding Declaration of Presumed Death

①An adjudication case for the declaration of presumed death (meaning an adjudication case regarding the matters set forth in Appended Table 1, row (56); the same applies in the following paragraph) is subject to the jurisdiction of the family court which has jurisdiction over the previous place of domicile or residence of an absentee.

②The provisions of Article 118 apply mutatis mutandis to an absentee in an adjudication case for declaration of presumed death.

③A family court may not make a ruling of adjudication of declaration of presumed death unless it gives public notice of the following matters and the period set forth in items (ii) and (iv) has passed. In this case, the period set forth in items (ii) and (iv) must not be shorter than three months in the case set forth in Article 30, paragraph (1) of the Civil Code or one month in the case set forth in paragraph (2) of the Article:

④Notice of a ruling of adjudication of declaration of presumed death is not required to be given to the absentee.

⑤An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items (in item (i), excluding the petitioner):

①An adjudication case for the revocation of adjudication of declaration of presumed death is subject to the jurisdiction of the family court which has jurisdiction over the place of domicile of an absentee.

②The provisions of Article 118 apply mutatis mutandis to an absentee in an adjudication case for the revocation of adjudication of declaration of presumed death.

③Only if the domicile or residence of an absentee is known from the case record is it necessary to give notice of a ruling to revoke the adjudication of declaration of presumed death to the absentee.

④An immediate appeal may be filed against the rulings set forth in the following items by the persons specified respectively in these items: