Annotated Republic of China Laws/Civil Code/Article 8

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First promulgated on 1929-05-23[edit]

(Effective on 1929-10-10, derived from http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=B0000001&DF=&SNo=8 )

Article 8
  • An absent person who has disappeared for more than ten years may be declared dead by the court upon the application of any interested person.
  • If the absent person was over eighty years of age and has disappeared for more than five years, he may be declared dead.
  • If the absent person was in a catastrophe, he may be declared dead when he has disappeared for more than three years.

Promulgated amendment on 1982-01-04[edit]

(Effective on 1983-01-01, from http://law.moj.gov.tw/Eng/LawClass/LawSearchNo.aspx?PC=B0000001&DF=&SNo=8 )

Article 8
  • An absent person who has disappeared for more than seven years may be declared dead by the court upon the application of any interested person or the public prosecutor.
  • If the absent person was over eighty years of age and has disappeared for more than three years, he may be declared dead.
  • If the absent person was in a catastrophe, he may be declared dead when it has been over a year after the end of the catastrophe.

Wikibooks annotation[edit]

The minimum waiting time to declare missing persons dead has been reduced, and public prosecutors have become specifically eligible to apply to declare missing persons dead.