Summary of the Problem:
A man called Soso appeared in front of the court in his own blood and flesh, filed a case and requested the court to cancel his death certificate and prove that he was still alive but the court dismissed his case and insisted that Soso was a dead person in spite of his physical and personal presence in front of the court and the reason was a procedural one as Soso did not file an appeal against the judgment of his declared legal death within the legal period prescribed for filing appeals.
Soso discovered his sudden death by chance after returning to his country which he left 22 years ago after traveling to Brazil in 2000 to work as a teacher, he did not make any contact with his wife for almost two decades!! In 2015, his wife Sosta filed a civil case and requested the court to declare her husband’s legal death after alleging that he was killed in a car crash in Brazil, and his wife succeeded in obtaining judgment for her husband’s legal death who had been declared legally dead by the court and later on she obtained her husband’s death certificate accordingly
Suddenly, Soso came back to life and came back to his country in 2022!! as the Brazilian government deported him because the validity period of his personal official documents, issued from his country, was expired and not renewed
Summary of the Solution:
It is known that human personality terminates by actual death but legislators in most counties of the world consider legal death , issued by judge, as having the same legal effect of actual death , judgment of legal death is usually issued in case of a missing person , the legal definition of the missing person is as follows: Missing Person is a Covered Person who disappeared for an unknown reason and whose disappearance was reported to the Appropriate Authorities , according to most applicable laws missing situation terminates by the missing person’s comeback or appearance or his\her actual death or by issuing his\her death certificate following obtaining a final judgment for his\her legal death from a competent court
Soso can search for a legal solution; he can file an appeal against the court judgment to a higher court or even to the Supreme Court if his country’s law of civil procedures allows taking such procedure , and his main legal defense can be that the judgment for legal death is a judgment by default and he did not know it at the time of its issue and that the appeal period shall only be calculated as from the date of his knowledge of the judgment for legal death , Soso can seek consultation on this matter from a lawyer as it is an absolute absurdity to declare a person legally dead and deprive him\her of all his\her rights despite the fact that he\she is still alive based on a mere procedural reason. Soso can try another option if the legal option does not work, he can search for a political solution, Soso can call on his country’s president and the Brazilian president for help by issuing a political decision which allows him to come back to his natural life and get rid of his strange legal death!!
Advocate\Faisal Ali Addabi
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