Art. 546
D. Presumption of death I. Inheriting from persons presumed dead 1. Devolution against security 1 Where a person has been declared presumed dead, before his or her heirs or legatees succeed to the estate, they must furnish security for the restitution of the property to those with a prevailing claim or to the missing person himself. 2 Such security shall be furnished for five years in the case of disappearance in life-threatening circumstances and for 15 years in the case of absence without sign of life, but never beyond the date on which the missing person would have become 100 years old. 3 The five-year period runs from the date on which the estate is transferred and the 15-year period from the last sign of life. |