Original scientific paper
https://doi.org/10.31141/zrpfs.2020.57.137.851
The development of funeral law in the Roman legal tradition
Mirza Hebib
; Pravni fakultet Sveučilišta u Sarajevu, Sarajevo, Bosna i Hercegovina
Abstract
Certain Roman legal texts, most notably the Institutes of Gaius, show that it is not possible to constitute private law on the body of a deceased, since it belongs to Manes, gods of the afterlife. Nevertheless, detailed analysis of legal texts, which represents the first part of the paper, confirms the possibility of limited constitution of private law relating to corpse, but also gives answers about persons who have the right to organize funeral, cremation, transfer the body, build a monument, etc.
The author believes that these rights, in the first place, belonged to the deceased, and if not specified, to the spouse and necessary successors were invited to exercise these rights. Inheritors are invited to acquire the rights in the order of precedence of legal inheritance, whether or not they inherited any assets.
The second part of the paper comparatively presents conception of Canon Law as well as European Law in the age of modern codifications of private law during 19th century and the beginning of 20th century. Bearing in mind, there are unified views on these issues, author gives special attention to the legal culture of Austrian Civil Code, leaving the possibility to solve legal voids in the spirit of Roman legal tradition.
Keywords
Roman Law; res religiosae; corpse; inheritance law; Canon Law; Austrian Civil Code
Hrčak ID:
242483
URI
Publication date:
12.8.2020.
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