Author Topic: Latest theory lands on Portuguese AG's desk  (Read 108893 times)

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Offline barrier

Re: Latest theory lands on Portuguese AG's desk
« Reply #585 on: March 25, 2018, 04:13:58 PM »
Amaral said he can prove it
Not the Portuguese but a Portuguese person.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline Mr Gray

Re: Latest theory lands on Portuguese AG's desk
« Reply #586 on: March 25, 2018, 04:19:12 PM »
Not the Portuguese but a Portuguese person.

And the Portuguese couRts supported him in saying it

Offline Carana

Re: Latest theory lands on Portuguese AG's desk
« Reply #587 on: March 25, 2018, 04:19:29 PM »

Offline barrier

Re: Latest theory lands on Portuguese AG's desk
« Reply #588 on: March 25, 2018, 04:22:21 PM »
And the Portuguese couRts supported him in saying it

Supported him because it was Amaral or supported him as a free man exercising his right to freedom of expression with in the rules of Portugal.
This is my own private domicile and I shall not be harassed, biatch:Jesse Pinkman Character.

Offline jassi

Re: Latest theory lands on Portuguese AG's desk
« Reply #589 on: March 25, 2018, 04:25:33 PM »
I didn't.

Did you not say  ""May" being the operative word. Why would the parents of a missing 3-year-old child wish to declare her dead?"
I believe everything. And l believe nothing.
I suspect everyone. And l suspect no one.
I gather the facts, examine the clues... and before   you know it, the case is solved!"

Or maybe not -

OG have been pushed out by the Germans who have reserved all the deck chairs for the foreseeable future

Offline Mr Gray

Re: Latest theory lands on Portuguese AG's desk
« Reply #590 on: March 25, 2018, 04:26:12 PM »
Supported him because it was Amaral or supported him as a free man exercising his right to freedom of expression with in the rules of Portugal.

It is the rules of the ECHR that will apply and should have applied

Offline Mr Gray

Re: Latest theory lands on Portuguese AG's desk
« Reply #591 on: March 25, 2018, 04:27:46 PM »
Did you not say  ""May" being the operative word. Why would the parents of a missing 3-year-old child wish to declare her dead?"

It was rob who suggested it. ...Carana was merely commenting on robs post

Offline Robittybob1

Re: Latest theory lands on Portuguese AG's desk
« Reply #592 on: March 25, 2018, 09:52:27 PM »
"May" being the operative word. Why would the parents of a missing 3-year-old child wish to declare her dead?
We are talking about human rights, weren't we?  The right to be thought of alive until declared deceased.
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Offline Robittybob1

Re: Latest theory lands on Portuguese AG's desk
« Reply #593 on: March 25, 2018, 09:54:40 PM »
(&^&
The court may declare a missing person legally dead but only at the request of a small section of people... Family..
This is for things such as instance payouts... The court cannot do it on it's own and it is not proof of death
These could be your opinion but otherwise please provide a cite proving your points.
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Offline Mr Gray

Re: Latest theory lands on Portuguese AG's desk
« Reply #594 on: March 25, 2018, 09:57:57 PM »
These could be your opinion but otherwise please provide a cite proving your points.

No it's, fact... It's been discussed at length before... There, are, several children have in the uk who have been missing for many years.. The, courts, don't and can't just declare them deceased..
What you are, talking about is, a certificate  of presumption  of death
« Last Edit: March 25, 2018, 10:02:25 PM by Davel »

Offline Robittybob1

Re: Latest theory lands on Portuguese AG's desk
« Reply #595 on: March 25, 2018, 10:11:00 PM »
No it's, fact... It's been discussed at length before... There, are, several children have in the uk who have been missing for many years.. The, courts, don't and can't just declare them deceased..
What you are, talking about is, a certificate  of presumption  of death
Thanks for that clarification.
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Offline Mr Gray

Re: Latest theory lands on Portuguese AG's desk
« Reply #596 on: March 25, 2018, 10:12:46 PM »
Thanks for that clarification.

You're  welcome

Offline Robittybob1

Re: Latest theory lands on Portuguese AG's desk
« Reply #597 on: March 25, 2018, 10:38:34 PM »
No it's, fact... It's been discussed at length before... There, are, several children have in the uk who have been missing for many years.. The, courts, don't and can't just declare them deceased..
What you are, talking about is, a certificate  of presumption  of death
This article explains the purpose "https://www.winstonsolicitors.co.uk/legal-news/presumption-death-act.html"

"The Presumption of Death Act 2013 now provides a solution by allowing families to apply to the High Court for a Certificate of Presumption of Death. This performs the same function as an ordinary death certificate, particularly in areas such as:

Allowing the missing person’s estate to be distributed in accordance with their will or the laws of intestacy
Allowing the dissolution their marriage or Civil Partnership so that their spouse can move on with their life
Finalising the person’s entitlement to any State benefits and settling any overpayments etc from the estate.
The declaration will be made if the Court is satisfied that the person has died or has not been known to be alive for a period of at least seven years. 

There is a period after the Order has been made during which an appeal can be lodged, but if no such appeal is lodged, the “deceased’s” details will be entered in a new Register of Presumed Deaths"

Looking at the actual legislation "any person can apply"

http://www.legislation.gov.uk/ukpga/2013/13/section/1/enacted

"1Applying for declaration
(1)This section applies where a person who is missing—
(a)is thought to have died, or
(b)has not been known to be alive for a period of at least 7 years.
(2)Any person may apply to the High Court for a declaration that the missing person is presumed to be dead.
(3)The court has jurisdiction to hear and determine an application under this section only if—
(a)the missing person was domiciled in England and Wales on the day on which he or she was last known to be alive,
(b)the missing person had been habitually resident in England and Wales throughout the period of 1 year ending with that day, or
(c)subsection (4) is satisfied.
(4)This subsection is satisfied if the application is made by the spouse or civil partner of the missing person and—
(a)the applicant is domiciled in England and Wales on the day on which the application is made, or
(b)the applicant has been habitually resident in England and Wales throughout the period of 1 year ending with that day.
(5)The court must refuse to hear an application under this section if—
(a)the application is made by someone other than the missing person’s spouse, civil partner, parent, child or sibling, and
(b)the court considers that the applicant does not have a sufficient interest in the determination of the application.
(6)This section has effect subject to section 21(2)."
« Last Edit: March 25, 2018, 10:42:16 PM by Robittybob1 »
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Offline Carana

Re: Latest theory lands on Portuguese AG's desk
« Reply #598 on: March 25, 2018, 11:24:37 PM »
Before certain people have their next "bright" PR idea...

5)The court must refuse to hear an application under this section if—
(a)the application is made by someone other than the missing person’s spouse, civil partner, parent, child or sibling, and
(b)the court considers that the applicant does not have a sufficient interest in the determination of the application.

Offline Robittybob1

Re: Latest theory lands on Portuguese AG's desk
« Reply #599 on: March 25, 2018, 11:54:51 PM »
Before certain people have their next "bright" PR idea...

5)The court must refuse to hear an application under this section if—
(a)the application is made by someone other than the missing person’s spouse, civil partner, parent, child or sibling, and
(b)the court considers that the applicant does not have a sufficient interest in the determination of the application.

Fair enough too.  That condition is linked by the word "and" so the application is not automatically rejected if the application is made by "someone other than the missing person’s spouse, civil partner, parent, child or sibling".
« Last Edit: March 26, 2018, 08:14:02 AM by Robittybob1 »
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