PART IV

DISAPPEARANCE

 

Section 48.- If a person has left his domicile or residence without having appointed an agent with general authority and it is uncertain whether he is living or dead, the Court may, on the application of any interested person or of the Public Prosecutor, order such provisional measures to be taken as may be necessary for the management of the property of such person.

The Court may, on request of the person under paragraph one, appoint a manager of the property of the absent person after one year has elapsed from the day when he has left his domicile or residence if no news of him has ever been received, or from the day when he has last been seen or heard of.

 

Section 49.- In case of an agent with general authority had been appointed by the absent person but his authority comes to an end, or it appears that his management is likely to cause injury to the absent person, the provisions of Section 48 shall be applied, mutatis mutandis.

 

Section 50.- The Court may, on the application of any interested person or of the Public Prosecutor, order an inventory of the property to be made by the agent with general authority, in compliance with an injunction to be given by the Court.

 

Section 51.- Subject to Section 852, if it is necessary for the agent with general authority to do any act beyond the scope of the authority, he must apply for permission of the court and may do so on obtaining such permission.

 

Section 52.- The manager, appointed by the Court, must finish making of the inventory of the property of the absent person within three months as from the day on which the appointment order of the Court comes to his knowledge. The manager may, however, apply to the Court for an extension of the period.

 

Section 53.- The inventory of the property under Section 50 and Section 52 must be made in the presence of, and signed by two witnesses. The two witnesses must be a spouse or a relative being of age of the absent person. If neither spouse nor relative is found, or the souse and relative refuse to be witnesses, other persons being of age may act as witnesses.

 

Section 54.- The manager of the property has such power of an agent with general authority as provided in Section 801 and Section 802. If the manager of the property deems it necessary to do any acts beyond the scope of his authority, he must apply for permission of the Court and may do so on obtaining such permission.

 

Section 55.- If the absent person has appointed an agent with special authority, the manager of the property cannot interfere with such apical agency, but he can apply to the Court for an order removing the agent if it appears that his management is likely to cause injury to the absent person.