you are here: > African Union Civil Code > Article 84 
 
2. Human life
 
  2.3 Standards of a human adult  
  Article 84-Absence of an adult  
84.1 Absence of an adult  
  An absent adult is a person over the age of 16 who, while they had their domicile in African Union, cease to appear there without advising anyone, and of whom it is unknown as to their general location, health and/or well-being.
  
84.2 Missing adult  
  A missing adult is any absent adult for whom a person fears for their safety, health and/or well-being and so notifies law enforcement officials of the circumstances of their absence.
  
84.3 Minimum time for reporting  
  Unless a person fears a crime has been committed, or the process of a crime underway involving the disappearance of a person, the minimum reporting time for a missing adult is two (2) days. The reporting of a missing person under this time, with no valid reason to fear a crime has been committed shall be considered a civil offence.  
84.4 Obligation to report whereabouts  
  An adult who is not physically or or mentally incapacitated or severely injured has an obligation to notify those person with whom they have existing relationships and obligations as to their general status to eliminate the possibility of them being accidentally listed by law enforcement as missing.  
  The failure of an able bodied adult to notify of their wherabouts leading to a missing persons report being filed shall be liable to a civil offence and possible costs associated with any search/investigation.  
84.5 Administration of estate  
  Upon the expiry of a period of not less than sixty (60) days, a person holding the power of attorney to administer an absent adult’s estate may be appointed with the power to administer the general expenses of the estate but not to liquidate assets otherwise in the general financial management of expenses. Where no power of attorney exists, the state may allocate this function to the Public Trustee.
  
84.6 Absence of a spouse  
  The married or civil union spouse of an absent adult may, after one year of absence, apply to the court for a declaration that the patrimonial rights of the spouses may be liquidated.
  
  Furthermore, the spouse of an absent adult may apply to the courts to have a limited granting of administrative support in gaining temporary access to such assets of the absent adult to enable the payment of expenses associated with the support of a family of children under the age of 16 years.
  
84.7 Presumption of life  
  An absent adult is presumed to be alive for twelve (12) years following their disappearance, unless proof of their death is made before then.
  
  Upon the expiry of the twelve (12) year period, the person’s outstanding estate may be liquidated according to the rules of succession listed in the Civil Code as if the person is declared deceased. Where for such purposes a death certificate is required, the executors of such a person’s estate may apply to the Registrar of Civil records have a death certificate issued.
  
84.8 Termination of administration of estate
  
  Administration of estate is terminated by a person’s return, by the appointment by them of an administrator to their property, by declaratory judgment of death or by proof of their death.
  
     
 
 

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