TYPES OF DEATH OF PHYSICAL PERSONALITY AND THEIR VALUE FOR CIVIL LAW
Journal Title: Часопис цивілістики - Year 2018, Vol 28, Issue
Abstract
The article investigates the types of deaths according to different criteria of division. The significance of the types of death for civil law has been determined. It is revealed that the most common is the division of death for the causes that caused it to natural and unnatural. It is concluded that as a result of unnatural violent and accidental death of a person there are such consequences for civil law: the right to compensation for damage to persons who were in the victim’s possession, as well as the child of the victim born after his death; the insurer has the right to refuse to make an insurance payment; persons who intentionally deprived the life of the testator or any of the possible heirs, deprived of the right to inheritance, etc. The expediency of distinguishing between legal death (declaration of an individual) and the relative declaration of a deceased person is substantiated. Under the notion of declaring an individual dead in a completely determined time should be understood as recognition of a physical person who died from the time of the onset of circumstances that give reason to assume her probable death. A relative declaration of a physical person should be considered a deceased person – the declaration of an individual who died after the expiration of the statutory term after its disappearance.
Authors and Affiliations
Галина Володимирівна Анікіна
Keywords
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