Disputes related to personal burial place

Update: 3/11/2023 | 10:18:34 AM - Dragon Law Firm

For an individual's burial place, the family can negotiate an agreement and the burial place must ensure environmental hygiene. There are no mandatory regulations regarding an individual's specific burial place.

Question: Dear lawyer - Dragon Law Firm, is there a mandatory regulation on an individual's burial place? If the family makes a request, can the Court consider it or not, based on what grounds?

Answer:

For an individual's burial place, the family can negotiate an agreement and the burial place must ensure environmental hygiene according to Article 63 of the Law on Environmental Protection 2020, Article 55 of Decree 08/2022/ND -CP.

However, there are no mandatory regulations regarding an individual's specific burial place. In case the family has a request, the court can consider it because it is related to moral rights specified in Article 39 of the Civil Code. If a woman is not admitted to a marital relationship, she does not belong to the first heir. At this time, the first heir of her husband is her husband's children and biological parents. If the children are under the age of 18 and cannot decide on your father's funeral, her mother-in-law will have priority in making the decision.

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