On The System Of Declaration Of Disappearance And Declaration Of Death

The system of declaration of disappearance and declaration of death is an indivisible part of modern Civil Code. It is common that a natural gets lost in our daily life and leaves their relevant legal relationship uncertain. Disappearance involves not only the protection of their own property interests, but also involves the protection of relevant stakeholders' property and personal interests. In order to deal with the uncertain status of disappearance persons' rights and obligations properly and adjust relevant stakeholders' interests caused by disappearance, all the country set up a system of declaration of death. General Principles of Civil Law in China and relevant judicial interpretations also make rules of them. However, most of them are simple with a lot of mistakes. Now, it is the time of the drafting of the current Civil Code. Therefore, it is necessary to make further research of the system of the Declaration of death in order to make an improvement.This paper includes six components; the introduction, the overview, the system of the Declaration of disappearance, the system of the Declaration of death, the review and improvement of the system of the Declaration of death and disappearance in China, the closing.Part one: Preamble. Making a brief introduction of the status and purpose of the chosen topic.Part two: Overview of the system of the Declaration of disappearance and death. This part mainly introduces the concept and history of the system of the Declaration of disappearance and death.Part three: The system of the Declaration of disappearance. This part mainly analyses the conditions, legal consequences and rescission of the system of the declaration of disappearance. It also points out the exist shortcomings of the system of the Declaration of disappearance.Part four: The system of the Declaration of death. This part mainly analyses the conditions, legal consequences and rescission of the system of the declaration of death. It also points out the exist shortcomings of the system of the Declaration of death.Part five: The review and improvement of the system of the Declaration of death and disappearance in China. This part first analyses the evolution of the system in our country. Then it makes a comparison of the legislation model in the main countries in the world. Therefore, it makes a conclusion that China should choose Germany's mode. Furthermore, it points out a thinking of the improvement of the system of Declaration of disappearance and death in our country.Part six: The closing. It mainly makes an outlook of the improvement of the system of the Declaration of disappearance and death. It points out that the role of the system should be effectively played. The interests of the disappearance people and the stakeholders should be reasonably balanced.