you are here: > Americas-Union Civil Code > Article 86 
 
2. Living Men and Women
 
  2.3 Standards of a human adult  
  Article 86-Death of a human adult  
86.1 Death of a human adult  
  Proof of death of a person over 16 years of age is established by either a certificate of death or by declaratory judgment of death by the Courts according to the article of this Code.
  
86.2 Certificate of death  
  A certificate of death is an official document issued by an authorized and competent person stating the person in question has been officially pronounced dead. There are three permitted types of certificates of death (“death certificates”)-
(1) supervised death certificates
(2) conclusive death certificates.
(3) inconclusive death certificates		  
  (1) Supervised death certificate
A supervised certificate of death may only be issued when a person has died under authorized medical supervision and the complete facts of the death are generally known, including:
(i) The proper name of the deceased
(ii) The precise date and time of death
(iii) Medication and other drugs supplied
(iv) The location of death
(v) The most likely cause of death
(vi) The people in attendance at the time of death		  
  (2) Conclusive death certificate
A complete certificate of death may only be issued when a person has died and the complete facts of the death are generally known, including:
(i) The proper name of the deceased
(ii) The general date and time of death
(iii) Medication and other drugs supplied
(iv) The location of death
(v) The cause of death
(vi) The people in attendance at the time of death
  
  (3) Inconclusive death certificate
An inconclusive certificate of death may only be issued when a person has died and the complete facts of the death are not generally known, including:
(i) The proper name of the deceased may or may not be known;
(ii) The general date and time of death may or may not be known
(iii) The location of death may or may not be known;
(iv) The cause of death may or may not be known.
(v) The people in attendance at the time of death may or may not be known
  
86.3 Authority to issue certificates of death of and adult  
  Under the Code, authorized and competent medical staff are permitted to issue supervised certificates of death within the limits defined by this code, in addition to the Coroner subject to the conditions of coronial inquiry and investigation.
  
86.4 Coronial inquiry and investigation  
  Excluding deaths of adults in supervised and competent medical care, all other deaths of adults and all unclaimed/unchecked remains of adults shall be subject to official autopsy to establish either a conclusive certificate of death or an inconclusive certificate of death.
  
  Where the coroner is only able to establish an inconclusive certificate of death, an official Coronial inquiry shall be called to assist in the obtaining of further facts to attempt to re-issue a conclusive certificate of death.
  
86.5 Organ donation and coronial inquiry
  
  Where an adult dies under competent authorized medical supervision of natural causes and where the next of kin have indicated as willingness for the organs of the adult to be donated for transplant, the body shall be released to authorized medical staff for tissue harvesting prior to the issue of a supervised certificate of death and the body being finally released to the next of kin.
  
  However, if an adult dies outside of competent and authorized medical supervision the requirement for a formal autopsy shall take precedence over any prior pledge of the deceased for organ donation. Under such conditions, it is a serious criminal offence for any body tissue to be removed prior to autopsy.
  
86.6 Declaratory judgment of death
  
  A declaratory judgment of death may be pronounced on the application of any interested person, including the Public Trustee, twelve (12) years after an adult’s disappearance.
  
  It may also be pronounced before that time where the death of an adult domiciled in Americas-Union or presumed to have died there may be held to be certain although it is impossible to draw up an attestation of death.
  
  A declaratory judgment of death states the name and sex of the adult presumed dead and, if known, the place and date of his or her birth and, if applicable, marriage or civil union, the name of the spouse, the names of his or her father and mother as well as his or her last domicile, and the date, time and place of death.
  
  A copy of the judgment is transmitted without delay to the chief coroner by the clerk of the court that rendered the decision.
  
  The date fixed as the date of death is either the date occurring on the expiry of twelve (12) years from disappearance or an earlier date if the presumptions drawn from the circumstances allow the death of a person to be held to be certain at that date.
  
  In the absence of other proof, the place fixed as the place of death is that where the person was last seen.
  
  A declaratory judgment of death produces the same effects as death.
  
  If the date of death is proved to precede that fixed by the declaratory judgment of death, the dissolution of the matrimonial or civil union regime is retroactive to the true date of death and the succession is open from that date.
  
  If the date of death is proved to follow that fixed by the declaratory judgment of death, the dissolution of the matrimonial or civil union regime is retroactive to the date fixed by the judgment but the succession is open only from the true date of death.
  
  Relations between the apparent heirs and the true heirs are governed by those rules contained by obligations listed in the Code.
  
86.7 Return of person declared dead
  
  Where a person declared dead by a declaratory judgment of death returns, the effects of the judgment cease but the marriage or civil union remains dissolved.
  
  However, if difficulties arise over custody of the children or support, they are settled as in the case of separation from bed and board or the dissolution of a civil union.
  
  A person who has returned shall apply to the court for annulment of the declaratory judgment of death and rectification of the register of civil status. He may also, subject to the rights of third persons, apply to the court for the cancellation or rectification of the particulars or entries made following the declaratory judgment of death and nullified by his return, as if they had been made without right.
  
  Any interested person may make the application to the court at the expense of the person who has returned if the latter fails to act.
  
  A person who has returned recovers his property according to the rules contained under obligations in this Code. He reimburses the persons who, in good faith, were in possession of his property and who discharged his obligations otherwise than with his property.
  
  Any payment made to the heirs or legatees by particular title of a person who has returned after a declaratory judgment of death but before the particulars or entries are cancelled or rectified is valid and constitutes a valid discharge.  
  An apparent heir who learns that the person declared dead is alive retains possession of the property and acquires the benefits and revenues thereof until the person who has returned applies to resume possession of his property.
  
 
 
 
 

Copyright © 2009 Americas-Union.Org. All rights reserved.