Chapter 1: Provisional Measures in Case of Absence (Title XIV, Book I, Civil Code

Article 381. When a person disappears from his domicile, his whereabouts being unknown, and without leaving an agent to administer his property, the judge, at the instance of an interested party, a relative, or a friend, may appoint a person to represent him in all that may be necessary.

This same rule shall be observed when under similar circumstances the power conferred by the absentee has expired. (181a)

Article 382. The appointment referred to in the preceding article having been made, the judge shall take the necessary measures to safeguard the rights and interests of the absentee and shall specify the powers, obligations and remuneration of his representative, regulating them, according to the circumstances, by the rules concerning guardians. (182)

Article 383. In the appointment of a representative, the spouse present shall be preferred when there is no legal separation.

If the absentee left no spouse, or if the spouse present is a minor, any competent person may be appointed by the court. (183a)


1) Definitions.

a. Absentees – refers to individuals or natural persons who have disappeared from their domicile with their whereabouts are unknown and there is no agent to administer their property. (Civil Code, Article 381)

b. Interested party – for absentee purposes, refers to any person who may have any interest on the person and/or the property/business of the absentee.

c. Relative – for absentee purposes, refers to individuals or natura...

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