Cemetery law

The cemetery law is state law of the federal states .

Regulations

All federal states have enacted their own cemetery or burial laws. In most of the federal states, the burial obligation and the cemetery law are combined in one law; some federal states, e.g. B. Berlin , make separate regulations.

The municipalities and parishes with their own cemetery regulations meet supplementary regulations . Often questions of grave design and care as well as the rest period are regulated here.

In the municipal cemetery statutes, the regulations for the use of the funeral hall are usually regulated in detail. For example, the Schmogrow-Fehrow community cemetery regulations state that “the corpses [...] are not to be transferred to the mourning hall before the medical death certificate is issued and that the corpses of those who have died of notifiable contagious diseases [...] are immediately closed Coffins must be brought to the mourning hall and locked in a special room ”. Storage can also be forbidden if “the person to be buried has died of a notifiable infectious disease [or] fears the advanced decomposition will spread odor”.

The compulsory cemetery burial for ashes after cremation has been de facto abolished in Bremen with effect from January 1, 2015 following the last amendment to the burial law there . In North Rhine-Westphalia , too, it is already allowed to scatter ashes outside of cemeteries. According to the law, the burial site must be "permanently accessible to the public" - according to the NRW Ministry of Health, at least at certain times.

Individual evidence

^ Cemetery statutes for the communal cemeteries of the community Schmogrow-Fehrow . ( amt-burg-spreewald.de [PDF; 35 kB ; accessed on May 3, 2017]).
↑ http://www.haz.de/Nachrichten/Der-Norden/Uebersicht/Liberales-Bestattungsrecht-In-Bremen-darf-die-Asche-von-Toten-verstreut- werden report of the Hannoversche Allgemeine on the final adoption of the change in law

literature

Günter Böttcher: The current practical handbook for cemeteries and funerals . WEKA-Media, Kissing 1998, ISBN 3-8276-7234-1 ( also available as a pure online edition ).
Horst Deinert , Wolfgang Jegust, Rolf Lichtner, Anne Bisping: Death and funeral law. All federal and state regulations . 5th edition. Specialized publisher of the funeral industry, Düsseldorf 2014, ISBN 978-3-936057-43-0 .
Jürgen Gaedke, Torsten F. Barthel: Handbook of the cemetery and funeral law . 11th edition. Heymanns, Cologne 2016, ISBN 978-3-452-28046-6 .
Dietmar Kurz, Désirée Goertz: Funeral law in practice . 2nd Edition. zerb, Bonn 2016, ISBN 978-3-95661-051-6 .
Siegfried Platz: Legal Issues in the Event of Death - A Guide for Customer Advice . 4th edition. Deutscher Sparkassenverlag, Stuttgart 2011, ISBN 978-3-09-304989-7 .
Walter Zimmermann: Legal questions in the event of death (= Beck legal advisor in dtv; 5632). 6th edition. dtv / Beck, Munich 2010, ISBN 978-3-423-05632-8 .