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A
李某婚后下落不明满5年,其配偶可以申请法院( )。
B
先宣告失踪再宣告死亡
C
直接宣告死亡
D
先寻找再宣告失踪,最后宣告死亡
E
宣告失踪后寻找再宣告死亡
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参考答案
试题答案:
B
答案解释:
参考解析: 根据《民法通则》规定,宣告死亡必须具备自然人离开其住所或最后居住地下落不明的状态超过了法定期限。该法定期限有三种情况:一是在一般情况下,自然人离开自己的住所或最后居住所下落不明满4年;二是因意外事故下落不明,从事故发生之日起满2年;三是战争期间下落不明,从战争结束之日起满4年。同时,按照我国法律的规定,宣告失踪并非宣告死亡的必经程序。即如自然人符合宣告死亡的条件,其利害关系人有权直接申请宣告死亡。
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