Примеры использования Presumption of death на Английском языке и их переводы на Русский язык
{-}
-
Official
-
Colloquial
Presumption of death.
In Uruguay, absent status did not imply a presumption of death.
Presumption of death 53.
What are the legal requirements andlegal procedures leading to a presumption of death?
Compensation, presumption of death and exhumation 23- 65 9.
Preparation of Draft-Recommendations on Principles concerning Missing Persons and the Presumption of Death and Its Explanatory Memorandum.
Presumption of death should at all times respect the right to adequate compensation.
Some States allow the issuance of a"presumption of death", others of a"declaration of absence.
The Committee notes that the Civil Code of the State party sets out periods of time for establishing the legal presumption of death.
The notion of“presumption of death” does not exist in Uruguayan domestic law.
A hearing was held on September 23, 2011, at which time Probate Judge Alan King ruled that Dave Holloway had met the requirements for a legal presumption of death.
Judicial certificates of presumption of death would be issued and adequate financial compensation would be paid to the relatives of the missing persons.
In order toreceive humanitarian assistance, the families must apply for a declaration of presumption of death, and then a death certificate.
Presumption of death and a declaration of absence as a result of enforced disappearance should at all times respect the right to integral reparation.
In all cases,legal proceedings had been initiated concerning the presumption of death, but the files had either been archived or had disappeared.
A number of countries have made considerable efforts in this respect as is shown in the chapter in the present report on compensation, presumption of death and exhumation.
In A Presumption of Death, Lord Peter Wimsey, on assignment for British Intelligence in World War II Nazi-occupied Europe, uses a code based on the works of John Donne.
A number of countries, Guatemala, Honduras, Turkey and Sri Lanka, required that a presumption of death be established before payment of compensation may be made.
The Working Group may consider a case closed when the competent authority specified in the relevant national law pronounces, with the concurrence of the relatives andother interested parties, on the presumption of death of a person reported missing.
India said that payment of compensation did not require a presumption of death. Once culpability is established, proof of death is not required.
In the Civil Code presumption of death does not produce dissolution of the marriage, but an unusual situation would arise: the spouse of the person presumed dead would remain married and be unable to divorce; technically, a petition for divorce would not be possible, as it would not be possible to bring proceedings against a deceased person.
In this regard,recommendation CM/REC(2009)12 on principles concerning missing persons and the presumption of death, adopted by the Committee of Ministers of the Council of Europe on 9 December 2009 is noteworthy.
Some other States, which have been confronted in the past with a systematic or massive practice of enforced disappearance,have specifically created the notion of"certificate of absence by reason of forced disappearance" see in particular the Working Group's study on Compensation, presumption of death and exhumation, in E/CN.4/1998/43, p. 9 sq.
The legal requirements andprocedures leading to a presumption of death varied considerably, particularly in the minimum time period required since the last contact with the individual.
During the same period, the Government of Angola provided information on theone outstanding case and submitted a certificate of presumption of death issued after judicial procedures before the competent authorities.
The Committee considers that a declaration of absence with presumption of death as a means of establishing the legal situation of persons who have disappeared does not adequately reflect the complexity of the phenomenon of enforced disappearance.
The Working Group may consider a case closed when the competent authority specified in the relevant national law pronounces, with the concurrence of the relatives andother interested parties, on the presumption of death of a person reported disappeared or preferably, a declaration of absence as a result of enforced disappearance.
A number of NGO representatives were of the view that following judicial declarations of presumption of death, efforts should still be made to locate the victim's corpse and carry out a forensic examination as it was part of the humanitarian mandate of the Working Group not only to ensure that the family was informed and compensated, but also to reveal the place of burial to the family.
During the period under review, the Government provided information on 39 individual cases; in 24 cases it reported that the missing persons had died andsubmitted copies of their death certificates or certificates of presumption of death, and in 14 cases that the persons concerned had been found living at liberty, some of them after having been released from detention.
In this respect,the draft recommendation on principles concerning missing persons and the presumption of death prepared by the Council of Europe Directorate General of Human Rights and Legal Affairs should be noted.