New amendments to the Civil Code allow notaries to promptly establish custody Custody of property of the property of missing persons! ensuring its protection even under martial law.
New amendments to the Civil Code! which come into force on January 10! 2025! provide notaries with additional tools to resolve complex situations arising from the absence of an individual under special Custody of property circumstances. Law No. 4174-IX! adopted in December 2024! prompts us to reflect on how the mechanisms for protecting citizens’ Custody of property property rights work in modern Ukraine.
This topic is not just about the law
It’s about people who disappear and those who remain! trying to keep their property safe.
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When guardianship becomes a necessity
Have you ever wondered what might happen to the house! bills! or even the furniture in the Custody of property apartment of a person who suddenly disappeared? The disappearance could be due to war! a natural disaster! or! unfortunately! kidnapping or other tragic circumstances.
Previously! to ensure the protection of such property! a court decision was required to declare the person missing. This took months or even years! during which time the property often remained the best seo agencies unprotected. Now! the notary can act more quickly! based on a statement from interested parties or a guardianship and trusteeship body.
What is changing?
According to Article 44 of the Civil Code! a notary is obliged to:
To establish custody of the property of a person who has disappeared under special circumstances! until the court makes a decision on his or her missing person status.
Conduct an inventory of property to avoid its loss or illegal use.
Appoint a guardian to manage such property.
These actions are performed at the person’s last place of residence or at the asb directory location of the immovable or main part of the movable property. However! if the situation is complicated by martial law or occupation! the place of residence no longer matters: the notary can act regardless of this factor.