The procedure for declaring absence protects the interests of the persons affected by the prolonged absence of a person about whom there is no information whatsoever. Cases may involve people who have gone abroad, after which communication with them has been interrupted and even the Bulgarian embassy has no information about them. Other examples are incidents such as natural disasters (earthquakes, floods, avalanches, fires, etc.), in which the person disappears and cannot be found.
Reasons for filing an application
The missing person may hold rights, obligations and property that require management and protection. For example, he may be the sole owner of the capital of, or a partner in, companies, which may hinder or even block their operation. Prolonged absence leads to uncertainty and risks both for the missing person himself and for the other persons connected with him.
Who may file an application? The application for a declaration of absence may be filed by interested parties such as relatives, heirs, partners and debtors, and also by a prosecutor. Most often, the initiators of such cases are the heirs.
The application is filed with the district court of the missing person's last permanent address and, in the absence of such an address, at his last address of residence.
Appointing a representative for the missing person
Where there is no information about the person, the interested parties or the prosecutor may request the court to appoint a representative. This representative has the right to carry out acts of management to protect the property and interests of the absent person. Often a close relative is chosen as representative.
If the absent person has a legal representative (e.g. in the case of a child or a person placed under interdiction), no additional representative is appointed.
Judicial procedure and gathering of information The application to the court also lists the presumed heirs and attorneys-in-fact of the missing person. The court requires information about the absent person from his relatives, municipalities, mayoralties, the Ministry of the Interior and other sources. These institutions are obliged to assist with information.
The court then sends an extract of the application to the municipality where the person lived before the disappearance. The extract is published and served on heirs and attorneys-in-fact.
If the absent person had an attorney-in-fact, the court appoints a representative only for activities outside the scope of the authorisation.
Declaration of absence After one year of absence, the interested parties may request the court to declare the person absent. A state fee of BGN 25 is payable for examining the application.
Rights and restrictions of the heirs Upon a declaration of absence, the heirs may be placed in temporary possession of the absent person's properties. They have the right to use them and to receive income from them, but may not sell, exchange or pledge them, except with the court's permission and a proven necessity or benefit for the absent person.
Where the absence exceeds a period of 5 years, the interested parties may request the court to declare his death.
If the absent person returns If the person appears or is found alive, the heirs placed in possession must return the properties and the income collected after receiving the invitation to return. The marriage of the person declared absent is not automatically restored; for this, a new marriage must be concluded.
If you need legal advice or assistance in appointing a representative, or in declaring the absence or death of a missing person, contact us on tel.: 0887550706 or by e-mail: [email protected]
