Régimen patrimonial del que deja de ser muerto presunto, de acuerdo con el capítulo III, título II, libro primero del código civil colombiano

Abstract

Enforced disappearance in Colombia, is a phenomenon that have generated consequences, of familiar, social, patrimonial an legal type, causing principally, inside the family, doubt and uncertainty, about the fate of their relative. By this unexpected event, it is necessary to protect the absentee property regime that legally carries requisites for absence declaration, and the respective request of declaratory of presumed death for the sake of protection of property that could be stay temporarily in possession of the legitimate successors. In the event that the alleged declared dead reappears, has the right to start an action of rescission for the devolution of properties, of which was titular at moment of the disapparition, causing trauma for relatives holders in good faith of their heritage, who must return them, in the state that they are. The State guarantees the absentee property, but does not guarantee the rights of successors, it being understood that the legislation there is a legal void for the holders in good faith, where no protection is given some for them.