Funeral Conduct and Funeral Expenses: A Comparative and Historical Study of Roman, German, and Japanese Law

John Marc Enns LL.M. (Kyushu)

doi:10.5771/9783689006860

Summary

'A miser can do nothing more useful or better than to die.' These blunt words are attributed to Martin Luther regarding avaritia. From the miser’s point of view, however, it would hardly be advisable to die, as his body would have to be buried and a considerable sum paid for this. Whether the funeral costs are to be borne by the deceased themselves – that is, by their estate or heirs – or indeed by their relatives, is a question that is relevant not only to our miser. Particularly in an individualised society, the legal answer to this question is significant. A look back at history and at other legal systems allows us to take a fresh look at the current debates in funeral law.