Introduction to Law Deneme Sınavı Sorusu #724886

One day Ceren fights with her parents and leaves the house in anger. Nobody ever hears from her ever again. How and when does Ceren's personality end? 


Only if and when they find her corpse

Never, as there is no life threatening situation

In one year with the application of her parents to court

In five years with the application of her parents to court

As soon as the police closes her missing persons file 


Yanıt Açıklaması:

The normal way to end the personality is death. Legally, for a person to have considered as dead, the corpse of this person should be found. When there is no corpse, this situation is not regarded as death. At this point, there are two important presumptions under which legally the person is also considered to be dead though there is no corpse present. 

The two important presumptions which death is presumed are presumption of death and
presumption of absence. According to this provision, the death of a person is deemed proven, even if no one has seen the corpse, if that person has disappeared in circumstances in which his death may be considered certain. The result of death presumption is just like normal death. There is no need for a special court decision.

In declaration of absence there are two different situations. In the first case, it is highly probable that a person is dead because he or she has disappeared in extremely life-threatening circumstances. In that case the next of kin has to wait for one year and then apply to the court.

In the second case, a person has been missing for a lengthy period of time without any sign
of life. This is a situation in which a person has disappeared without any reason. In that case, five
years should be waited since the last sign of life before the application to the court.

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