Conservation of Property Rights of the Person Declared Missing

Abstract

As our society develops rapidly, there are issues affecting probably every day families all over the world, as kidnapping and trafficking, hostage-taking or slavery. But sometimes the absence of a person for a long time might be a choice because the way of living has become far too individual and independent, despite many ways to maintain contact and communication with familiars and friends.These situations need to be regulated, and it is legislation’s role to provide temporarily solutions, as the situations thought and hoped to be temporarily. Declaring the missing of a person is a legal provision under well defined terms and conditions.This paper aims to explain the important role of this institute, seen as a guarantee to the protection and conservation of property rights of a person declared missing. The paper will underline the highlights of this institute, analyzing the provisions of the Albanian civil legislation, comparing them with the provisions of foreign legislations and taking in consideration judicial solutions. It will be noted especially the publicity that accompanying the procedure of declaring a person missing and the different regulations of personal and property rights of the missing people till his declaration or the possibility of his return.

DOI: 10.5901/ajis.2013.v2n9p290