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In accordance with the decision of the Parliament:
A missing person may be declared dead by a court or tribunal decision as provided for in this Act.
The death poster shall be deemed to have died on the day of death, unless otherwise displayed.
If, according to the law, a period of time is calculated from the death of a person, the time limit shall be calculated from the date on which the person was declared dead.
Where a missing person has been in an accident or other comparable situation which has caused an immediate life-threatening situation, and there is no reason to assume that he has been saved, his declaration of death may be immediately sought. After.
In cases other than those referred to in Article 3, the declaration of a missing person may be filed at the end of the waiting period. The waiting time is calculated from the fact that the missing person was last known to be alive.
Where a missing person has been lost in circumstances involving a life-threatening condition, or if the circumstances of the disappearance and other considerations are otherwise unlikely, it is highly likely that he is dead, the waiting period is one year.
In cases other than those referred to in paragraph 2, the standstill period shall be five years.
An application for a declaration of death shall be initiated by the District Court.
The issue of a declaration of death is dealt with by the court in which the person who disappeared in the tachograph last had a home municipality or a demographics.
If, at the same time, a lost person is claimed to be dead, the case may be dealt with by a court which, under paragraph 1, has jurisdiction over one of them.
If there is no court in Finland competent to deal with a case under paragraphs 1 or 2, the case shall be dealt with by the court in which the applicant has a home municipality or, unless the applicant has a municipality of residence in Finland, the Helsinki District Court.
An application for a declaration of death may be made by the spouse, heir or other person of the missing person or any other person whose right may depend on the declaration of a deceased person. They also have the right to continue the application of another person.
The spouse and heirs of a missing person shall be given an opportunity to be heard on the application. If a missing person has been assigned a guardian, this must also be an opportunity to be heard.
The opportunity to be heard does not need to be reserved if service is to be effected In Article 9 of Chapter 11 of the Court of Justice By the Court of Justice.
The district court may, if necessary, consult the police or any other authority on the application.
Where the conditions for the declaration of death have been established, the court shall, in the cases referred to in Article 4, invite the missing person to report to the court at the latest on the date specified in the invitation. The invitation shall state that a missing person who does not report may be declared dead. At the same time, the court must invite anyone who can provide information on whether the missing person is alive or dead, to inform the court in the same time.
The invitation shall be served by the following: In Article 10 of Chapter 11 of the Court of Justice, Provides. The court or tribunal shall publish an alert in the Official Journal at the latest three months before the date of the date.
After the expiry date referred to in Article 9, a missing person shall be declared dead by a court order if the court has not been informed that he is alive or dead, and if the conditions for the declaration of death are otherwise.
In declaring a missing person's death, the court must determine the date on which he is deemed to have died.
The date of death shall be determined by the date on which the missing person is most likely to have died. If it cannot be determined, the day of death shall be determined by the date on which he is likely to be dead. However, the date of death shall be determined not later than the date of five years since the missing person has been known to be alive.
A person may be declared dead by means of a decision of the master at the time of death:
1) a hundred years after the end of the calendar year during which he was born; and
(2) five years after the end of the calendar year in which he has reportedly been alive.
Each year, the Maistraat shall, on its own initiative, determine whether, according to the information on the Population Information System, persons who have been declared dead are subject to the conditions laid down in Article 12.
The issue of a declaration of death shall be handled by the magistrate in whose territory the last person has been a municipality or a demographical body.
If Finland does not have a sample of maize which would be competent under paragraph 1 to deal with it, the matter shall be dealt with by the Helsinki Magistrates.
Where the condition laid down in Article 12 (1) is required for the declaration of a person's death, the master shall obtain a reasonably available explanation of whether he has been alive during the last five calendar years.
The taster shall invite a person whose declared death has been declared to be subject to conditions, to report to the magistracy at the latest on the date specified in the invitation. The invitation shall state that a person who is not invited to appear in the invitation may be declared dead. At the same time, the taster must invite anyone who can provide information as to whether the person concerned is alive or dead, in the same period to inform the master of the property.
If the person concerned has the address in force in the population information system, the invitation shall be sent to it. If it is clear from the population information system or other population records that the person concerned has a spouse or a curfew in Finland (40/1965) In the case of relatives referred to in Article 1 or 2, shall be served on the spouse and at least one relative. If the person concerned has been assigned a trustee, the invitation shall also be served on that person.
If the person concerned does not have the address referred to in paragraph 2, the spouse, the relative or the guardian, the invitation shall be served as a general service in the form of a management code (434/2003) Provides. The Maistraat shall publish an alert at the invitation of the first issue in the Official Journal no later than three months before the date of the date.
After the date referred to in Article 16, a person shall be declared dead by decision of the sample if the sample has not been informed of the fact that he is alive or dead, and if the conditions for the declaration of death are otherwise.
In declaring a person dead, the sample shall be determined by the date on which he is deemed to have died.
The day of death shall be determined on 1 January of that year, first starting after a hundred years after the birth of the person and five years after the last time he has been known to be alive. If, on the basis of the facts, it is possible to determine the date on which the person is likely to have died, it shall be determined on the day of death.
If it is apparent from the population information system or other population records that the deceased is a spouse, or Chapter 2 of the succession Relatives referred to in Article 1 or 2, shall be notified to the spouse and at least one relative. If a trustee has been appointed a trustee, the decision shall also be notified to that person.
If the deceased is alive, he has the right to recover his property from the person who has taken possession of the property as a result of the declaration of death. However, it is required that the deceased should be declared dead within three years of the date on which he was informed of the declared death.
If the deceased person is shown to have died at a time other than that prescribed in the decision, and if, therefore, someone other than the person who has taken possession of the property declared dead as a result of the declaration of death is entitled to: Property, the holder shall transfer the property to the eligible person. However, it is necessary to require it within three years from the date on which he was informed of his right to property.
If the property has been transferred further, the transfer shall remain valid if the holder did not acquire the property and should not have known that the donor was not the right owner of the assets. The same shall apply to the transfer of the property right or the right to use.
If the property to be surrendered is not retained or otherwise disposed of, its value shall be replaced.
Where the value of the assets to be surrendered has been reduced significantly due to wear or damage, the obligation to surrender shall be compensated by the fall in value. If the value of the assets has been reduced for any other reason, the debtor must pay a reasonable fee for the depreciation of the property if it is deemed to have a particular reason.
If the assets are to be transferred, the debtor must pay the amount of the interest (633/1982) Interest pursuant to paragraph 2 from the date on which he acquired the property. The proceeds from the assets transferred shall be disposed of or replaced. The debtor shall also pay a reasonable fee for the benefit of his assets, unless it can be regarded as a compensation for the depreciation of the assets. However, the interest shall be paid, the return shall be released or replaced, or the benefit of the interest shall be replaced, at the earliest, from the date on which the person was informed that he was not entitled to property.
If the assets to be transferred are money, or if the value of the assets is to be reimbursed, the debtor must pay interest. Article 4 of the Corinth Act (1), including the submission of a request for extradition.
If the performance obligation under paragraphs 1 to 4 is deemed to be disproportionate to the circumstances, it may be mediated.
The debtor shall have the right to receive compensation for the necessary costs to be disclosed and of the useful costs incurred before he was informed that he was not entitled to property.
The Finnish court or the Register of Magistrates may examine the case of a deceased person if the person who is declared to be deceased is a Finnish national or if his last known residence or place of residence is in Finland.
The Court of Justice may also examine the case of a deceased person if the important interests of the applicant are in favour of a decision in Finland. In addition, it is necessary that the applicant is not in a position to examine the case in the State of which the person is a national whose deceased person is the subject of a declaration, or in the State where the last known residence or place of residence is, or Initiating a case in a foreign country would create unreasonable difficulties for the applicant.
In the case of a declaration of death, the Finnish law must be applied.
A decision issued in a foreign State by which a person has been declared dead shall, without any special confirmation, be considered valid in Finland if the decision has been given by the State authority of which the person was a national at the time of the decision; or With his last known residence or place of residence.
However, the decision referred to in Article 25 shall not be recognised in Finland:
(1) if the recognition is manifestly contrary to the principles of the Finnish legal order;
(2) where the decision is contrary to the decision of the same person to have been declared dead in Finland; or
(3) where the decision is incompatible with a decision previously given to the same person to be declared dead in another State, and this earlier decision is recognised in Finland.
The person whose application has been declared dead by a court decision shall be entitled to compensation for the costs incurred in the declaration of death declared dead.
The State and municipal authority, as well as other bodies governed by public law, the Social Insurance Institution, the Pension Security Centre and the pension institution, as well as public and private social or health service providers, shall not be subject to the provisions of confidentiality At the request of a Member State, free of charge to the master, the information necessary for the purpose of carrying out the task laid down in Chapter 3, in order to ascertain the person's presence or death.
In the province of Åland, the Office of the State of Åland is responsible for carrying out tasks under this law.
More detailed provisions on the notification of the decision to declare a dead body are laid down by a decree of the Council.
This Act shall enter into force on 9 March 2005.
This law repeals the Law of 23 April 1901 of 23 April 1901 (15/1901) With its subsequent modifications.
If the list of the registry administrators referred to in Article 4a (2) of the repealed Law has arrived to the public prosecutor before the entry into force of this Act, the proceedings for the declaration of the death of the persons appearing on the list shall apply: The provisions in force upon entry into force of this Act.
THEY 82/2004 , HaVM 1/2005,This Act shall enter into force on 1 January 2010.
Before the entry into force of this Act, measures may be taken to implement the law.
THEY 161/2009 , HVM 18/2009, EV 205/2009
