Part 4 — Absent and Missing
Article 323:
If person with legal capacity has been absent for a period of one year or more, as a result of which his
interests are affected, court may appoint an agent on his behalf in the following cases:
1 – In case he is missing and it is not known whether he is dead or alive.
2 – In case his residence or domicile outside Afghanistan is not known and administration of relevant
affairs or supervision by the absent person over measures of his successor is impossible.
Article 324:
If absent person has already appointed a general and full agent for himself and the mentioned agent
has all the relevant qualities of an executor, court shall confirm his agency, otherwise, it shall appoint
another person as agent.
Article 325:
All provisions related to executor shall also be applicable to agent of absent person.
Article 326:
(1) Person who has been missing for more than four years and most likely his death is presumed shall
be recognized as dead by the ruling of the competent court. In other cases, determination of the
period after which missing person shall be recognized as dead is entrusted to court.
(2) Court shall use possible means to determine life or death of missing person.
Article 327:
If it is ruled, according to provisions of Article (326) of this Law, that missing person is dead, his wife
shall have to pass the death waiting period and all of his inheritance shall be distributed among the
heirs who are considered entitled to inheritance at the time of issuance of the ruling of death.
Article 328:
State of absence shall end when its causes are eliminated or absent person dies or he is recognized as
dead by ruling of the competent court.