Cywilnoprawna regulacja prawa do grobu

Abstract

Burying deceased in the ground is today’s habit. The necessity to form legal structure was however needed to make such burial. This legal structure is called “ the right to a grave”. The content of “the right to a grave” includes personal elements and property aspects. Depending on the specific situation, they are protected by the principles laid down in the regulations on the protection of personal rights or the laws concerning property rights. Institution of “the right to a grave” creates doubts in relation to the agreement which forms part of the obligatory establishment of this law. The contract mentioned above contains elements of many other legal relations while not constituting a separate, independent and clearly named legal institutions. The specificity of the civil law relationship as “the right to a grave” lies primarily in the infiltration of personal and property rights, of which the latter are usually dominant, which determine the absolute and the unusual nature of the subjective rights arising from it.