Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

PERSONS 39
213 If the absentee is proven to have died on a date prior to
that of the declaratory judgment of absence, his matrimonial
regime is dissolved on the date of his death.
214 When an absentee returns, the court, on motion, orders
revocation of the declaratory judgment of absence and the
cancellation of any entries to which the revoked judgment
gave rise.
215 The heirs of the absentee, or the absentee himself if he
returns, recover the property in the condition in which it is,
what remains of the price of any property which has been
alienated, or any property acquired with the price.
216 Any payment made as a result of a declaratory judgment
of absence is valid and constitutes valid discharge.
217 If an heir who has been given possession learns that the
absentee is alive, he retains his rights over the property and
acquires the fruits as long as the absentee does not reappear or
no action has been taken on his behalf.
218 Any person who claims a right accruing to an absentee
must prove that the absentee was living when the right
accrued.
219 If a succession to which an absentee is called opens, it
devolves exclusively to those with whom he would have been
entitled to inherit, or to those who would have inherited in his
stead.
220 Articles 218 and 219 apply without prejudice to any
action for the recovery of an inheritance or any other right,
which belong to the absentee or to his heirs and legal
representatives and which are extinguished only by the lapse
of time required for prescription.