If a person fell into a lethargic sleep, but he was declared dead and the property passed to the heirs, will it return to him when he wakes up?

If a person fell into a lethargic sleep, but he was declared dead and the property passed to the heirs, will it return to him when he wakes up?

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answers (3)

Answer 1
June, 2021

Lethargy diagnosed in a person cannot be a basis for recognizing a person as deceased, because, according to the International Classification of Diseases 10 revision, lethargy (R53) is one of the symptoms of any disease - a condition in which the deceased, naturally, cannot stay ... In other words, lethargy and death are two different things, although death can be the result of lethargy, but the lethargic state itself is not death, since the brain continues to function, and its normal functioning can still be returned (reference to Part 1 of Art. 66 323-FZ "On the basics of public health protection in the Russian Federation"). Mentioning a person who is only in a state of lethargy as deceased in any documents, from the conclusion of death to court decisions, is illegal, since it does not correspond to reality. Based on this, we can say that the transfer and receipt of property by inheritance will also be illegal, since by virtue of Art. 1113 of the Civil Code of the Russian Federation, the inheritance is opened in connection with the death of a citizen. In the event that a person was nevertheless recognized as dead, but he, as they say, "rose from sleep", the court, by analogy with the use of Article 46 of the Civil Code of the Russian Federation, again recognizes him as alive, and he can demand from any person, including heirs , return of the preserved property, which passed to this person free of charge after the citizen was declared dead, unless it is proved that the person who acquired the property knew or should have known that the citizen did not actually die, but relatives

Answer 2
June, 2021

Strange question! If recognized as dead, then alas in speed and will be buried. Until the time of the funeral, the heirs simply will not enter into any inheritance (you have to wait 6 months). And during this time, the "resurrected", if of course they did not have time to bury him, will definitely restore himself in the rights of the living and return all the property, if, of course, in some way they can already be written off to the heirs.

Answer 3
June, 2021

I'm afraid that if a person is recognized as dead in Russia, then he is definitely not destined to "wake up".

But seriously, I think not. The property will be assigned to another person / people and he can return it only if those same "heirs" refuse in his favor. Although the courts in our country are also interesting and can resolve the issue in the other direction. But I'm kidding again)

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