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How Can we prove the articles of presumption of death

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Arresto Menor
Good Day Attorney, i would like to know can we prove this article and enlighten us. thanks and God Bless!


Art. 390. After an absence of seven years, it being unknown whether or not the absentee still lives, he shall be presumed dead for all purposes, except for those of succession.

The absentee shall not be presumed dead for the purpose of opening his succession till after an absence of ten years. If he disappeared after the age of seventy-five years, an absence of five years shall be sufficient in order that his succession may be opened. (n)

Art. 391. The following shall be presumed dead for all purposes, including the division of the estate among the heirs:

(1) A person on board a vessel lost during a sea voyage, or an aeroplane which is missing, who has not been heard of for four years since the loss of the vessel or aeroplane;

(2) A person in the armed forces who has taken part in war, and has been missing for four years;

(3) A person who has been in danger of death under other circumstances and his existence has not been known for four years.

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you have to do a good faith search by going to his hometown, internet search, talking to relatives. you have to prove that there is basis for a well founded belief that the spouse is truly dead. mere absence of communication is not enough.

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