¿Qué es y cuáles son los efectos de la muerte presunta? l Tip Legal l El Espectador

About this video

• Video Title: ¿Qué es y cuáles son los efectos de la muerte presunta? | Tip Legal | El Espectador
• Channel: El Espectador
• Speakers: None explicitly named in the transcript.
• Duration: 00:04:41

Overview

This video explains the legal concept of "presumed death" in situations where a person has disappeared and their whereabouts are unknown for an extended period. It details the judicial process required to declare someone presumed dead, the date that is legally considered the date of death, and what happens if the disappeared person reappears.

Key takeaways

• Presumed Death vs. Actual Death: Unlike a typical death where the event is known and a death certificate is issued, presumed death applies when a person disappears, and their status (alive or dead) is uncertain.
• Legal Process: To declare someone presumed dead, a judicial process is initiated. This involves proving to a judge that the person has been missing for over two years, and no one has had news of them during that time.
• Public Citations: As part of the judicial process, the court orders three public citations published in major newspapers and radio broadcasts. These are intended to alert anyone who might know the whereabouts of the disappeared person.
• Date of Presumed Death: If the person is declared presumed dead, the legal date of death is established as the first day after the two-year period following the last known date of contact or sighting.
• Reappearance: If a person declared presumed dead reappears within ten years of the publication of the sentence, the succession process (distribution of assets) can be rescinded, and their rights, including their identification, can be reactivated.