Short preliminary considerations on some funeral arrangements in the light of government decision no. 741/2016

• Author: Silviu-Dorin Schiopu
• Position: Transilvania University of Brasov
• Pages: 213-218

Bulletin of the Transilvania University of Braşov

Series VII: Social Sciences • Law • Vol. 10 (59) No. 1 - 2017

SHORT PRELIMINARY CONSIDERATIONS

ON SOME FUNERAL ARRANGEMENTS

IN THE LIGHT OF GOVERNMENT

DECISION NO. 741/2016

Silviu-Dorin ŞCHIOPU 1

Abstract: Nowadays, the new ʻTechnical and Health Rules regarding the

funeral services, burial, cremation, transport, exhumation and reburial of

human corpses, cemeteries, human crematoriums, and also the professional

criteria that must be met by the providers of funeral services’, govern some

key aspects following one’s death. For a better understanding of this new

legislation concerning the death care industry, this short overview attempts,

on the one hand, to highlight certain aspects of the present-day configuration

of thanatopraxy, burial, cremation and funerals, and on the other hand, to

examine the effectiveness of determining one’s own funeral.

Key words: corpse care, thanatopraxy, modern embalming, funeral, burial,

cremation, will, testament.

1. Introduction

Although everybody dies and this is the one thing human beings can be certain of, the

regulation of funeral arrangements represents a relatively recent concern of the Romanian

legislator. The liberty to plan one’s own funeral had not received an express regulation

before the enforcement of the new Civil Code of 1 October 2011 and the performing of

the undertaking of the thanatopraxy by the funeral services providers has recently been

regulated by the Government Decision no. 741 of 12 October 2016.

2. Thanatopraxy and Modern Embalming

The concept of thanatopraxy was mentioned throughout time by some normative acts,

but the extensive regulation of this new concept in the death care industry had not

occurred before the approval through the Government Decision no. 741 of 12 October

2016 of the implementing rules of the Law no. 102 of 8 July 2014 on cemeteries, human

crematoriums and funeral services, respectively Technical and Health Rules regarding

the funeral services, burial, cremation, transport, exhumation and reburial of human

corpses, cemeteries, human crematoriums, and also the professional criteria that must be

met by the funeral services providers.

Previously, the Government Decision no. 826 of 22 July 2009 for the approval of the

1 Transilvania University of Braşov, dorinxschiopu@gmail.com