What happens if a party dies during civil proceedings?

If a party dies after the statement of claim is filed but before the judgment becomes final, the court stays the proceedings under Article 229(1), point 2, of the Code of Civil Procedure. It takes the steps prescribed in Article 230 to substitute the deceased party’s procedural successors and ensure that they can participate effectively in the remainder of the case. This is necessary even though universal procedural succession under Article 227 normally follows succession under substantive law and occurs by operation of law (ex lege).

If the party dies after the court at the relevant instance has concluded its examination of the evidence, Article 229(2) expressly requires the court to give judgment first. Only then, if its judgment is open to appeal, must it stay proceedings and take the steps under Article 230.

A different situation arises if the party dies before the court at that instance has concluded its examination and the court gives judgment without substituting the successors or securing their participation. The reason does not matter, even if the court did not learn of the death in time. If the heirs did not participate in the examination of the case or when it was taken up for argument on the merits, an essential procedural prerequisite is missing and the judgment is inadmissible. On appeal it must be vacated and the case remitted. The lower court must repeat the steps taken after the party’s death, this time with the successors participating. See the following Supreme Court of Cassation rulings: Decision No. 530 of 24.11.2001 in Civil Case No. 728/2000, First Civil Division; No. 622 of 24.10.2002 in No. 110/2002, First Civil Division; No. 166 of 28.03.2011 in No. 306/2010, First Civil Division; No. 289 of 01.08.2011 in No. 796/2010, First Civil Division; No. 925 of 04.10.2010 in No. 524/2010, Second Civil Division; No. 48 of 28.03.2014 in No. 14/2012, Second Civil Division; No. 16 of 21.02.2014 in No. 4682/2013, Second Civil Division; No. 86 of 03.04.2015 in No. 55632/2014, Fourth Civil Division; and No. 181 of 01.02.2017 in No. 1980/2016.

This article is not a legal opinion or advice on any particular situation or person. For legal assistance in a similar case, consult a civil lawyer specialising in enforcement proceedings.