The translation of the Chinese Civil Code posted on the Chinese Congress website is a disaster. See Why I decide to translate the Chinese Civil Code by myself.

Part 3 Declaration of Missing Person and Declaration of Death

Section 40 Interested persons may file a petition with a court to request that an individual be presumed as an absentee if the individual has not been heard from for at least two years.

Section 41 The individual’s absence is presumed to have occurred at the date when the individual has not been heard from. The individual’s absence is presumed to have occurred at the date when a war ends or a date determined by an appropriate agency if the individual has been absent during a war.

Section 42 The estate of the absentee shall be managed by their spouse, adult children, parents, or any other person who is willing to serve as a conservator.

A court shall appoint a conservator if there are disputes in connection to the conservatorship, the person provided in the subsection above does not exist, or the person provided in the subsection above is not capable of conservatorship.

Section 43 A conservator shall manage the absentee's property and protect its financial interests in good faith.

A conservator shall use the absentee's property to pay the absentee's tax payment, debt, and any other expenses payable.

A conservator shall indemnify the absentee against any damage or loss to the absentee's property due to the conservator's willful misconduct or gross negligence.

Section 44 An interested person to the absentee may file a petition with a court to request reappointment of a conservator if the conservator fails to fulfill its duties, infringes upon the absentee's property or is not capable of fulfilling its duties.

A conservator may file a petition with a court to reappoint a conservator if the conservator has good cause.

The new conservator is entitled to request the former conservator to transfer the property and report the conservatorship in a timely manner if a court order such reappointment.

Section 45 A court shall rebut a declaration of missing person if the absentee returns, upon the request of the absentee or interested person.

The absentee is entitled to request the conservator to transfer the property and report the conservatorship in a timely manner if the absentee returns.

Section 46 An interested person may file a petition with a court to requesting a declaration of death for an individual if the individual:

(1) has been missing from home and has not been heard from for four years or more; or

(2) has been missing from home and has not been heard from for two years or more due to an accident.

A petition for declaration of death shall not be subject to the restriction of the two-year term if the individual has been missing from home and has not been heard from due to an accident, and appropriate agencies have certified that the individual has no chance of survival.

Section 47 A court shall make a declaration of death if the conditions to such declaration have been met, even though different interested persons have filed petitions for a declaration of missing person and a declaration of death for the same individual, respectively.

Section 48 The date on which a court decides the declaration of death shall be deemed as the date of death for a missing person presumed dead. The date on which an accident happens shall be deemed as the date of death for a missing person presumed dead due to an accident.

Section 49 The legal actions made by the absentee during the period of a declaration of death shall remain valid if the absentee is alive even though declared dead.

Section 50 A court shall rebut a declaration of death if the absentee returns, upon the request of the absentee or an interested person.

Section 51 A marital relationship between the absentee presumed dead and their spouse ends by the date the declaration of death is made. A marital relationship shall resume automatically by the date the declaration of death is rebutted, provided that the absentee spouse has remarried, or the absentee spouse refuses the resumption by filing a written statement to a marriage register office.

Section 52 An absentee shall not claim that the adoption of their children is null and void on the grounds that the absentee never agrees to such adoption after the rebuttal of the declaration of death if the children were adopted pursuant to law during the period of such declaration.

Section 53 An absentee is entitled to request entities receiving the absentee's estate pursuant to Title 6 of this Code to return the estate after the rebuttal of the declaration of death. Such entities shall reasonably compensate the absentee if the same estate cannot be returned.

In addition to returning the estate, an interested person shall indemnify any losses arising therefrom if the interested person conceals facts, which results in an absentee being presumed dead and the interested person gains the absentee's estate.