Annotated Republic of China Laws/Civil Code/Article 8

First promulgated on 1929-05-23

(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

(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

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.