Zbywalność prawa do grobu
Transferring grave ownership (law analysis)

Summary/Abstract: The article focuses on the analysis of the right of sepulchre in or- der to determine the possibility of its alienation. Today’s jurisprudence and judicature have developed the concept of the right of sepulchre as rights of a variable and heterogeneous nature, constituting a bundle of tangible and intangible entitlements. Although it seems to protect the personal rights of the relatives of the deceased, it does not protect the rights of the original holder of the grave at all. Moreover, according to the aforementioned concept, at the moment of entombment, the “right to the grave spills over”, and from then on it appertains to a wide circle of holders. As a result, the alienability of the right of sepulchre is subject to far-reaching restrictions. The author proposes a distinction between the right to an empty grave and the right to a grave with which someone has already been buried, as this would allow us to determine the transferability of the right.

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