(1) If a person who has been declared dead or whose time of death has been determined in accordance with the provisions of the Missing Persons Act (Verschollenheitsgesetz) survives the point in time that is deemed to be their time of death, or if they died before this point in time, the person who would be the heir on the basis of the declaration of death or the determination of the time of death is deemed for the benefit of the third party, even without the issuance of a certificate of inheritance, to be the heir with regard to the legal transactions designated in section 2366 and 2367, unless the third party is aware that the declaration of death or the determination of the time of death is incorrect or knows that they have been revoked.
(2) Where a certificate of inheritance has been issued, the person who has been declared to be dead, or whose time of death has been determined in accordance with the provisions of the Missing Persons Act (Verschollenheitsgesetz), has the rights specified in section 2362 if they are still alive. A person whose death, or the declaration of whose death or the determination of the time of whose death has been wrongly assumed, has the same rights.