Corpse - Property And Possession Rights, Burial Rights, Duties As To Burial, Rights To Disinterment, Civil Liabilities
The physical remains of an expired human being prior to complete decomposition.
The physical remains of an expired human being prior to complete decomposition.
A corpse may not be retained by an undertaker as security for unpaid funeral expenses, particularly if a body was kept without authorization and payment was demanded as a condition precedent to its release. …
Although the surviving spouse usually has the principal right to custody of the remains and to burial, special circumstances undermine this right, such as the absence or neglect of the surviving spouse or the separation of the parties at the time of death. When there is no surviving spouse, the next of kin, in order of age, have the burial rights, unless a friend or remote relative is found by the…
After a body has been buried, it is considered to be in the custody of the law; therefore, disinterment is not a matter of right. The disturbance or removal of an interred body is subject to the control and direction of the court. The law does not favor disinterment, based on the public policy that the sanctity of the grave should be maintained. Once buried, a body should not be disturbed. A court…
A civil action for breach of contract as to the care and burial of a corpse may be brought under certain circumstances. An individual who makes an agreement to properly bury a corpse may be subject to a lawsuit if he or she gives the body an improper burial, negligently allows the body to be taken from his or her custody, or allows the body to suffer indignities while in his or her possession. Gen…
Several varied offenses with respect to corpses are recognized both at common law and under statute. At common law, it is an offense to treat a corpse indecently by keeping, handling, and exposing it to view in order to create the impression that the deceased is still alive. The attempt to dispose of a corpse for gain and profit is a misdemeanor punishable at common law. Ordinarily, it is a misdem…
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