PERSOANELE OBLIGATE SĂ DISPUNĂ CU PRIVIRE LA ÎNMORMÂNTARE
THE PERSONS OBLIGED TO DISPOSE AS TO THE FUNERAL

Summary/Abstract: The 2009 Civil Code specifically regulated the right to determine the type of one’s own funeral. In the absence of an explicit choice of the deceased person, it will be respected, in order, the will of the surviving spouse, the parents, the descendants, the relatives in the collateral line up to fourth degree of kinship, the universal legatee, the legatee under universal title or the mayor’s disposition of the city where the death occurred. In all cases it will be taken into account the confessional affiliation of the deceased. Subsequently, the Law no. 102/2014 partially modified the order of the persons who can (are obliged to) dispose as to the funeral. Despite these novel regulations, funeral disputes are likely to continue to arise in the future. This short study will also present some possible conflicts between the persons obliged to dispose in relation to the burial and will put forward de lege ferenda proposals to prevent and tackle such disputes.

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