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Persons Juristic Persons

Page: 8

Section: 61 - 68

Section 61.- If a person has left his domicile or residence and it has been uncertain for five years whether he is living or dead, the Court may, on the application of any interested person or of the Public Prosecutor, adjudge that such person has disappeared.

The period of time under paragraph one shall be reduced to two years :

(1)    as from the day when the battle or war comes to an end and the person, who had been engaged in such battle or war, has been disappeared therein ;

(2)    as from the day when the vehicle, on which the person had been travelling, was lost or destroyed ;

(3)    as from the day when any peril of his life other than those mentioned in (1) or (2) has passed and the person had been in such peril.

 

Section 62.- A person, against whom an adjudication of disappearance has been made, is deemed to have died at the completion of the period specified in Section 61.

 

Section 63.- If it is proved by the person adjudged disappeared, any  interested person or the Public Prosecutor that the person who disappeared is living, or that he died at a time different from that specified in Section 62, the Court must, upon the application of the said person, revoke the adjudication ; but this does not affect the validity of acts done in good faith between the adjudication and the revocation.

The provisions on the undue enrichment of this Code shall be applied, mutatis mutandis, to a person who has acquired property under the adjudication but loses his right by its revocation.

 

Section 64.- The adjudication of disappearance and its revocation shall be published in the Government Gazette.

 

CHAPTER II

JURISTIC PERSONS

PART I

GENERAL PROVISIONS

 

Section 65.- A juristic person can come into existence only by virtue of this Code or of other law.

 

Section 66.- A juristic person has rights and duties in accordance with the provisions of this Code or of other law within the scope of its power and duties, or its object as provided by or defined in the law, regulation or constitutive act.

 

Section 67.- Subject to Section 66, a juristic person enjoys the same right and is subject to the same duties as a natural person, except those which, by reason of their nature, may be enjoed or incurred only by a natural person.

 

Section 68.-  The domicile of a juristic person is the place where it has its principal office or establishment, location of the main office or the office or which has been selected as a special domicile in its regulation or constitutive act.