Unele particularităţi ale partajului judiciar al locurilor de înhumare şi al lucrărilor funerare

drd. SILVIU-DORIN ŞCHIOPU

Asist. univ. - Facultatea de Drept, Universitatea "Transilvania", Braşov

ABSTRACT

This study presents the divergent case law generated by the current insufficient regulation of the legal regime of burial plots and funeral constructions, such as burial vaults and crypts. While some courts admit the assignment of the tomb to one heir, others consider that the concession right over the burial plot and the funeral constructions bears upon a forced and perpetual indivisibility which excludes the division. As a solution, it proposes a clarification of the legal regime applicable to funeral concessions and the explicit regulation of the use of underground burial vaults, especially from the perspective of the exclusive right to be buried in a particular crypt.

Keywords: burial plot; funeral construction; burial vault; crypt; judicial division; usage division.

Consideraţii...