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A presumption of death occurs when a person is believed to be dead, despite the absence of direct proof of the person's death, such as the finding of remains (e.g., a corpse or skeleton) attributable to that person.
Presumption. In some cases, a person will be declared dead even without any remains or doctor's declaration.
The presumption of death. A person who has been absent for seven years without explanation and "gone to parts unknown" is presumed dead at common law. The time period it takes for the presumption to arise has often been modified by statute. The presumption of sanity.
Há 3 dias · A common-law presumption that someone has died if missing for seven years or by other reasonable grounds. The courts can grant a decree of presumption of death and dissolution of marriage, allowing remarriage.
Edward W. Hinton, Comment, "Presumption of Death," 19 Illinois Law Review 681 (1925). This Article is brought to you for free and open access by the Faculty Scholarship at Chicago Unbound. It has been accepted for inclusion in Journal Articles by an authorized administrator of Chicago Unbound. For more information, please contact unbound@law ...
- Edward W. Hinton
- 1925
This article examines the historical and legal evolution of the presumption of death, a rule of law that operates when a person is absent for a long period without any news. It argues that in contemporary English litigation the presumption has little practical effect and suggests that it may be unnecessary or redundant.
The Missouri statute directs that the presumption of death shall arise from an unexplained absence from the State of Missouri, lasting seven years; the absence from the State must in every case be affirmatively proved before the presumption will arise. 13 In all such cases, whether based on the common law presumption, or on a statute, the ...
