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AMENDING DEADLINES ON PRESUMED DEATH AND ESTABLISHING RULES ON THE JUDICIAL OF DEATH

Original Language Title: MODIFICA PLAZOS SOBRE MUERTE PRESUNTA Y ESTABLECE NORMAS SOBRE COMPROBACIÓN JUDICIAL DE MUERTE

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[passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage] [passage]] I have to say that the National Congress has given its approval to the following bill: " Article 1. amendments in law No. 4,808, on Civil Registry, whose consolidated, coordinated and systematized text was established by article 3 of the decree with force of law No. 1, 2000, of the Ministry of Justice: (a) Add, in the first paragraph of Article 44, the following final sentence: "In addition, it shall be carried out pursuant to a judgment of the court, in cases where the law determines it." (b) Intercalase, in the first paragraph of Article 45, the word "disease", the following sentence: "unless the registration is made in accordance with the judicial decision referred to in the first paragraph of the preceding article". Article 2.-Introduces the following changes in the Civil Code, whose consolidated, coordinated and systematized text was set by article 2 of the decree with force of law No. 1, 2000, of the Ministry of Justice: a) Amend the article 81 in the following terms: 1.-Substitute in the first paragraph of the numeral 8th the expression "six months" for "three months". 2.-Replace in the first paragraph of the number 9 the term "one year" for "six months". (b) Replace the paragraph " § 4. From the Civil Death ", from Title II of the First Book, by the following:" § 4. Of the judicial review of death Article 95.-Any time the disappearance of a person has occurred in circumstances such that death may be held as true, even if his corpse is not found, the judge of the last the deceased has had in Chile, at the request of anyone who has an interest in it, may have his death for proven civil effects and have the registration of the corresponding resolution in the Civil Registry Service and Identification. The same rule shall apply in cases where the identification of the body is not possible. Article 96.-An extract from the decision which has the death of the missing person shall be published in the Official Journal within a period of 60 days from the date on which it was signed and executed. This extract shall contain at least the information required for identification and the date of death which the judge has set. Article 97.-The decision referred to in Article 95 may be left without effect in accordance with the preceding paragraph. " Article 3.-The death of a person may not be verified by means of the procedure under Article 2 (b) of this Law, in cases governed by Law No 20.377, on the declaration of absence by enforced disappearance of people. " Having complied with the provisions of Article 93 of the Constitution of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of Mexico, and as I have had to approve and sanction it, therefore, promulgate and take effect as the Law of the Republic. Santiago, January 31, 2012.-SEBASTIAN PINERA ECHENIQUE, President of the Republic.-Teodoro Ribera Neumann, Minister of Justice. What I transcribe for your knowledge.-I greet you attentively, Patricia Pérez Goldberg, Assistant Secretary of Justice. Constitutional Court Draft law amending deadlines on presumed death and establishing rules on judicial verification of death. (Bulletin No. 7973-07) The Secretariat of the Constitutional Court, who subscribes, certifies that the Honorable Chamber of Deputies sent the draft statement in the rubric, approved by the National Congress, in order for this Court to exercise control over the constitutionality with respect to the rules governing matters of the constitutional organic law which it contains, and which by judgment of 26 January 2012 in the cars Role No 2.177-12-CPR. It is resolved: that the new article 95 of the Civil Code, incorporated by Article 2 (b) of the draft law under control, is constitutional. Santiago, January 26, 2012.-Marta de la Fuente Olguin, Secretaría.