Funeral Act

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The funeral laws regulate the state funeral system, which is organized differently in the different states.

Germany

In the Federal Republic of Germany, funeral law is a matter for the federal states , as the federal government has neither exclusive nor competing legislative competence . All German federal states have their own, mostly similar, funeral laws. They often regulate questions of cemetery law and sometimes also the autopsy of corpses. Most federal states also have implementing ordinances that contain additional regulations on burial.

The content of a funeral law can also include the definitions of miscarriage (e.g. less than 500 grams) and stillbirth and the regulations for their burial, but also the permissible period for transporting the corpse to a morgue (e.g. 36 hours), the time window for the burial (for example, after 48 hours at the earliest and after eight days at the latest), the permitted types of burial ( burial , cremation , promession ) and the minimum rest period .

In Hamburg, a law was passed in October 2019 that for the first time allows people and pets to be buried together.

Burial obligation

A burial obligation has existed in Germany - based on Christian tradition as an earth burial - since the Middle Ages . Initially, the parish was responsible for this in its church yards, including the “burial of the poor”. With the General Prussian Land Law of 1806, legal regulations were made in Prussia . For hygienic reasons, it was forbidden to bury corpses within built-up areas.

Funeral laws have been passed in the federal states since the beginning of the 20th century. The central cremation law from 1934 (Reichsgesetz) still applies in Bremen as the last federal state. The Funeral Act of North Rhine-Westphalia contains an opening clause for the regulation on burial areas.

The immediate family members , initially the spouse , life partner , children and other relatives, are required to be buried. The burial duty exists regardless of the position of the heir . This is based on the customary duty to care for the dead . If the deceased has not made their own provisions for death, the relatives must take measures. Personal provision can be made in the will , the inheritance contract , a preliminary funeral contract or a post-mortem power of attorney . In most cases, the life partner is equal to the spouse as the beneficiary. The legal situation in Saxony does not yet have a registered civil partnership . In this respect, it is better to take precautions during your lifetime to prevent disputes within the family.

An exemption of the urn burial from the legal obligation to add items to burial grounds subject to piety is not foreseeable for Germany as a whole. A certain degree of liberalization of the regulations was enshrined in law in Bremen and North Rhine-Westphalia . In Bremen, on January 1, 2015, the compulsory cemetery was de facto abolished with the amendment of the Funeral Act, with some restrictions. In North Rhine-Westphalia it is allowed to scatter ashes outside of cemeteries, only the place of burial must remain “permanently accessible to the public” at least at certain times, according to the Ministry of Health.

Obligation to pay costs

A distinction must be made between the obligation to bear the costs of the burial. This consists in the obligation to bear the costs or to reimburse the person who arranged the funeral.

This obligation to pay costs can be structured under public or private law . According to § 1968 BGB “the heir bears the costs of the funeral of the testator”. Are funeral expenses not be obtained from the heirs, for example, because it concerns the limited liability heritage cites, those encounters bear the costs, the towards the deceased dependents was ( § 1615 , § 1615m BGB). If there is no maintenance obligation, the competent authority (usually the municipal public order office) can call on the persons obliged to be buried - for example after a burial carried out by way of a so-called substitute performance .

In the event that another person was responsible for the death of the deceased, the heir or the person liable for maintenance are entitled to reclaim the funeral costs from this person ( § 844 BGB).

The health insurance paid until 2004 death benefit to cover funeral costs. It is voluntary to take out private death insurance before your own death in order to prevent the costs arising for the living. On request, the local social welfare office will cover the necessary costs of the funeral ( Section 74 SGB ​​XII ). The prerequisite for this is that the debtors cannot assume the costs because they are penniless. It may not be reasonable, for example, due to serious misconduct by the deceased towards the debtor. The social welfare office or, in the event that there are no subsequent children, the health department can assume the costs either permanently or in the form of a loan.

The amount of fees is determined for the respective local cemeteries by the regulations of their carriers according to the investigations on economic efficiency. The commissioned funeral home receives its remuneration from the person who gave it the contract. However, the latter can demand reimbursement of his expenses from the person who is responsible for bearing the costs.

Austria

In Austria, too, funeral law is a matter for the federal states , because of the similar problems that are regulated almost uniformly and without major differences. The deadlines for carrying out the funeral vary depending on the federal state . Exceptions are possible, but must be approved separately. Access to the funeral industry and the granting of a trade license for the funeral sector is a matter for the federal government and uniformly regulated in Austria by trade laws.

Switzerland

In Switzerland, the funeral system is regulated by cantonal funeral ordinances.

literature

Web links

Laws and related ordinances

Germany
Austria
Switzerland

Individual evidence

  1. ↑ Joint burial of humans and animals possible soon. In: News portal of the city of Hamburg, www.hamburg.de/nachrichten-hamburg. October 23, 2019, accessed October 24, 2019 .
  2. ^ Eckhard Stengel: Bremen's liberal funeral law. In: Hannoversche Allgemeine . November 22, 2014, accessed November 5, 2019 .
  3. ↑ Funeral Expense Calculator. Accessed July 22, 2011.