Declaring a natural person missing or dead without notice

According to the Republic of Azerbaijan legislation, if an individual has not been seen at his residence during the last two years and his current whereabouts are unknown, the court may consider him missing without notice based on the application of interested parties. That period is calculated from the day of receiving the last information about the individual. If it is not possible to determine that day, the period of being considered missing without notice is calculated from the first day of the month following the month in which the last information about the missing person was received, and if it is not possible to determine this, it is calculated from January 1 of the following year.
After the court decision on the disappearance of a person comes into force, the legal heirs of that person have the right to manage and benefit from his property as a trust property. Living expenses and debts are paid to the dependents of the unknowingly missing person from this property.
If there is no information about a person's whereabouts at his place of residence for five years, as well as if he has disappeared without notice under circumstances that pose a threat of death or cause to believe that he died due to some accident, and if there is no news from him for six months, he can be legally announced dead. If a military serviceman or other person goes missing during military operations, that person can be declared dead at least two years from the end of military operations.
The day the court decision to declare a person dead comes into force is considered the day of his death, and the legal consequences arising from the death of a natural person are applied in the usual manner.
When the person declared dead returns or his whereabouts are discovered, the court's decision to declare the person dead is annulled. Regardless of when he returns, a person can claim the rest of his property that was gratuitously transferred after he was declared dead.