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Corpse

Duties As To Burial



Public policy favors the concept of what is colloquially referred to as a "decent burial." There is a strong societal interest in the proper disposition of the bodies of deceased persons. It is universally recognized that a duty is owed to both society and the deceased that the body be buried without any unnecessary delay. This duty rests upon whoever has the right to bury the decedent. At common law, the duty was imposed upon the person under whose roof the deceased died.



Some state statutes specifically name those people who are charged with the duty of having a decedent buried. Statutes of this kind have been enacted for various policy reasons, such as the general interests of public health and the protection of public welfare, as well as the relief of anxiety that some people might experience concerning the proper disposition of their remains.

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Law Library - American Law and Legal InformationFree Legal Encyclopedia: Constituency to CosignerCorpse - Property And Possession Rights, Burial Rights, Duties As To Burial, Rights To Disinterment, Civil Liabilities