As funeral obligation one understands the obligation to ensure after the death of a person that their corpse of a normal funeral is supplied. The funeral obligation is regulated in Germany in the appropriate funeral laws of the Lands of the Federal Republic. It is part of the concerning customary law regulated dead welfare service obligation, which contains e.g. also the right, charges, e.g. because of grave violating or disturbance of the dead peace to refund. A legal responsible person ("§ 1896 BGB) is not obligated to arrange the funeral of the earlier cared for one (except in the Land of the Federal Republic Saxonia due to a there special arrangement).

Funeral requiring are after the funeral laws of the Lands of the Federal Republic (with easy differences):

• the spouse (in some Lands of the Federal Republic also the life partner after the LPartG)
• the children of age
• parents
• and other close member, even if it the inheritance (e.g. because of insolvency or because they themselves with the deceased have) to have deflected.

If the funeral-requiring refuse making the funeral the local office for order for reasons of the epidemic hygiene can arrange the funeral and place the costs the actually funeral-requiring in calculation.

The cost carrying obligation of the funeral is to be separated from the funeral obligation. This contains the obligation to bear and/or replace the cost, which the funeral arranged. This can publicly (in such a way with the so-called by a local office for order) or under private law (among other things cost carrying obligation inheriting, in accordance with "§ 1968 BGB: "„That inheritance bears the cost of the funeral of the testator. "“) regulated its. Apart from inheriting also that has the cost carrying obligation, that the deceased opposite was under obligation to pay alimony ("§"§ 1615, 1615m BGB) and that, which has debt at the death of humans ("§ 844 BGB). The traffic law contains detail regulations for deadly accidents in the traffic. The health insurance company pays no more death benefit for the covering of the funeral costs. Only if all debtors are without means, the local Sozialamt takes over the necessary costs of the funeral on request ("§ 74 SGB XII).

To this topic exist already a multiplicity of administrativejudicial decisions. Usually it concerns thereby the question to what extent the costs of a funeral funeral-requiring accomplished by the authority member must carry, if none or only a negative contact existed to the deceased. However by the administrative court (VGH) Baden-Wuerttemberg was decided among other things that it depends only on the relationship, not however on the quality of the relational relationship.

See also

Funeral law, vomit, dead welfare service, cemetery

Articles in category "Funeral obligation"

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