The Law for the Special Declaration of Absence due to Disappearance of Personsafter more than a month since its approval in the Congress of Puebla.
The new legislation was finally published in the Official State Newspaper (POE)whose law establishes that family members and “persons legitimated by law”with or without a complaint, may submit the request for a special declaration of absence.
The request may be made before the competent Court of First Instance, three months after the disappearance was known or the report was made.
In this way, the procedure is regulated for the authorities to decree the special declaration of absence due to disappearance of persons and, among the effects, the parental authority of the children of the disappeared person is guaranteed.
Likewise, protecting the rights and assets of girls, boys and adolescents who are children of the missing person; as well as establishing the rights of custody of the girls, boys and adolescents who are daughters or sons of the missing person.
Additionally, protect the assets of the missing person, including assets acquired on credit and assets subject to a mortgage; Relatives will be able to access the assets of those who have disappeared.
Even those who belong to a social security regime derived from an employment relationship can continue to enjoy the corresponding benefits; The rights of family members and dependents are protected and the dissolution of the marriage bond is established at the express request of the spouse present.
During her participation in Tribuna, Congresswoman Mónica Silva Ruiz pointed out that it is the responsibility of the State to provide legal certainty, as well as protect the rights and assets of people who are missing, in addition, that the rights of their relatives are not violated.
The deputy Karla Rodríguez Palaciosas well as the deputy José Miguel Huerta Rodríguez They highlighted the importance of guaranteeing the rights of missing persons, in addition, it will help indirect victims to have legal certainty, while the corresponding investigation is carried out.
