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AllBar 2024CIVIL LAWIII. PERSONS AND FAMILY RELATIONSE. Absentees (Civil Code, arts. 381-396)

Question

Question III. PERSONS AND FAMILY RELATIONS
E. Absentees (Civil Code, arts. 381-396)

Scenario 1:

Juan and Maria have been married for 10 years. They have two children. One day, Juan leaves for work and does not return home. He has been missing for more than 5 years, and his whereabouts are unknown. Maria is now faced with the challenge of managing their joint properties and taking care of their children on her own. Meanwhile, Juan's parents want to claim his share in the inheritance left by his deceased grandfather. Can Juan be declared an absentee? What are the rights and obligations of an absentee? How can Maria and the children protect their interests in the absence of Juan?

Scenario 2:

Carlos, a successful businessman, went missing while on a vacation abroad. His family has been searching for him, but there are no leads about his whereabouts. As a result of Carlos' absence, his business ventures are suffering, and his estate remains unmanaged. Can Carlos be declared an absentee? What are the consequences of a declaration of absence? How can his family and business partners ensure the proper administration of his affairs while he is missing?




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Bar Review Question: Question III. PERSONS AND FAMILY RELATIONS E. Absentees (Civil Code, arts. 381-396) Scenario 1: