실종선고의 취소

Abstract

The adjudication of disappearance is regarded as a death by a family court in cases that it is unknown whether an absentee is alive or dead in durative specified term. An absentee sentenced the adjudication of disappearance herby is called a missing person. The interested persons such as the family or creditors are prejudiced when the solid evidence is do not exist if they are neglected in the state that it is unknown whether a missing person is alive or dead in long term and it is lots of potentialities of a missing person's death. Therefore in order to admit the extant spouse's marriage or in order to admit the inheritors's inheritance, it is necessary to settle the legal relation that the central problems of the law of property or the family of law is determined in centered- absentee's address or place of residence. The Article 28 of the Civil Act regulate that the effect of this adjudication of disappearance is "it is regarded as death". That is, the missing person is regarded as death by the adjudication of disappearance. After the adjudication of disappearance, the effect of the adjudication is reversed though the missing person is alive or it is evidence to the contrary. It should be sentenced a cancellation judgement from the family court in order to upset the effect of the adjudication. If a cancellation adjudication is decided, the all private-law-relation that is formed by the effect of the adjudication is got backed to the before state. Therefore, I am trying to study about the effect of the cancellation of the adjudication of disappearance in centered-theories in this paper.