The confluence between canon and secular laws on burial and cremation in Brasov

AuthorMurzea, C. - Schiopu, S.-D.
PositionDepartment of Private Law, Transilvania University of Brasov - Transilvania University of Brasov
Pages121-128
Bulletin of the Transilvania University of Braşov Vol. 4 (53) No. 1 - 2011
Series VII: Social Sciences • Law
THE CONFLUENCE BETWEEN CANON
AND SECULAR LAWS ON BURIAL
AND CREMATION IN BRAŞOV
C. MURZEA1 S.-D. ŞCHIOPU2
Abstract: Since every human being owes a death, each of us should be
capable to plan his own funeral in order to secure his right to a peaceful rest.
That’s why this article attempts, on one hand, to highlight certain aspects of
the legal status of burial plots and, on the other hand, to examine the relation
between the cremation and the right to a funeral religious service. In our
view, all burial plots concessions should be granted only in perpetuity upon
the signing of a concession contract which should mandatorily include a
reasonable charge for the perpetual care of the burial site, avoiding in such
way the inconveniences of dying without thoughtful heirs.
Key words: burial, cremation, canon law, secular law.
1 Department of Private Law, Transilvania University of Braşov.
2 Transilvania University of Braşov.
1. Introduction
«It's not that we are afraid to die, but we
prefer to take all precautions for something
like that not to happen to us» this is how
might sound the declaration of protection
in the face of death [15]. Since every
human being owes a death, despite the fact
that most people try to postpone it for as
long as possible, and given that apparently
there are no exceptions, we should at least
be competent to make the necessary
arrangements for this unfortunate event
while we are still alive in order to secure
our right to a peaceful rest.
In view of the fact that the current legal
status of burial plots in Braşov is
somewhat unknown and that the churches’
position on cremation is something that
most people ignore, this article attempts to
offer a legal perspective on the deceased’s
right to a funeral religious service and a
peaceful rest undisturbed by an unwanted
exhumation due to an unforeseen cessation
of the burial concession.
As the religious faith in Braşov is
dominated by the Romanian Orthodox
Church followed by the Roman Catholic
Church and the Greek Catholic Church,
our analysis of the relation between the
right to a funeral religious service and the
cremation will involve only these three
religious denominations.
Furthermore, since we had access only to
the rules and regulations governing three
cemeteries located in Braşov, in what
follows we will examine just the legal
status of the burial plots situated in the
cemeteries owned and maintained by the
Orthodox parishes, the Reformed
Cemetery and the Municipal Cemetery.

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