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Book 5 · Law of succession  ›  Title 3 · Claim to inheritance › Section 2031

Claim to surrender of a person declared dead

(1) If a person who is declared dead or the time of whose death is established under the provisions of the Missing Persons Act (Verschollenheitsgesetz) survives the date that is deemed to be the date of their death, the person may require the surrender of their assets under the provisions governing the claim to inheritance. As long as the person is still alive, their claim does not become statute-barred before the expiry of a one-year period after the date on which they obtained knowledge of the declaration of death or of the determination of the time of death.

(2) The same applies if the death of a person has been wrongly assumed without a declaration of death or determination of the time of death.

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