(1) If a
presumption of the disappearance or death of a foreigner has to be
made, the matter shall be determined according to the law of the
country of his or her nationality.
(2) If the nationality of a foreigner cannot be ascertained
pursuant to sub-section (1), it shall be determined according to the
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law of the country of his or her habitual residence, and even if such
residence cannot be ascertained, according to the law of the country
of his or her residence immediately before making presumption of
his or her disappearance or death.