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.

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Bibliographic data

Edition: 1/2026
Copyright Year: 2026
ISBN-Print: 978-3-68900-685-3
ISBN-Online: 978-3-68900-686-0
Publisher: Tectum, Baden-Baden
Series: Young Academics: Rechtswissenschaft
Volume: 31
Language: English
Pages: 113
Product Type: Monograph

1. Forewordby Ren Yatsunami No access
2. Forewordby Nils Jansen No access
3. Acknowledgements No access
4. Abstract No access
1. Introduction No access Pages 1 - 4
1. 1. 2.1.1. The presence of death in daily life No access
  2. 2.1.2. Funeral practices and memoria No access
2. 1. 2.2.1. Against whom is the lawsuit directed? No access
  2. 2.2.2. Claimable expenses (actio funeraria) No access
  3. 2.2.3. Obligation to conduct the funeral and bear the costs – conceptual unity No access
  4. 2.2.4. Who is entitled to bring suit with the actio funeraria? No access
  5. 2.2.5. Purpose and principle of the actio funeraria No access
1. 3.1. Ius commune and Partikularrechte (regional law) No access
2. 3.2. Process of conceptual separation between the obligation to conduct the funeral and the obligation to bear its costs No access
3. 3.3. Public-law obligation to conduct the funeral No access
1. 1. 4.1.1. The incorporation of the actio funeraria into the BGB No access
  2. 4.1.2. The cost allocation of § 1968 BGB as a matter of course? No access
2. 1. 4.2.1. Public-law and civil-law obligation to conduct the funeral No access
  2. 4.2.2. Claimable expenses (§ 1968 BGB) No access
  3. 4.2.3. The legal position of Totenfürsorgeberechtigter No access
  4. 4.2.4. Can a third party take recourse against the heir based on § 1968 BGB? No access
1. 1. 5.1.1. History of ancestor worship and the law in Japan No access
  2. 5.1.2. Article 897 – A remnant of ancestor worship in the modern Japan No access
2. 1. 5.2.1. Who conducts the funeral? – Moshu (chief mourner) No access
  2. 5.2.2. Who bears the funeral expenses? – Written law No access
  3. 5.2.3. Who bears the funeral expenses? – Various legal opinions No access
  4. 5.2.4. Who bears the funeral expenses? – Latest judgment by the Nagoya High Court No access
  5. 5.2.5. Commentary on the Nagoya High Court Judgment No access
1. 1. 6.1.1. Germany and the actio funeraria No access
  2. 6.1.2. The interplay of § 1968 BGB and Geschäftsführung ohne Auftrag – Criticism of the currently prevailing opinion No access
  3. 6.1.3. Insights from Japan for Germany No access
2. 1. 6.2.1. Japanese ancestor worship and Roman memoria No access
  2. 6.2.2. Recourse against the heir or the estate – A fair cost allocation amid societal changes in Japan No access
7. Conclusion No access Pages 85 - 86
Bibliography No access Pages 87 - 94