DEATH AND CIVIL LAW
DEATH AND CIVIL LAW

Author(s): Dubravka Klasiček, Tomislav Nedić
Subject(s): Civil Law, Welfare systems, Gerontology, Sociology of Law
Published by: Sveučilište Josipa Jurja Strossmayera u Osijeku, Ekonomski fakultet u Osijeku
Keywords: death; legal subjecthood; uninheritable rights; uninheritable obligations; personality rights;
Summary/Abstract: Death represents the end point of aging and life is an inherent part of nature. However, it is also of great importance in many areas of law. As a legal fact, death is essential in civil law and in legal relations governed by civil law. In bioethical scientific circles, the final point of life has come to the fore, which is of the utmost importance for civil law. In civil law, it is crucial to determine the exact moment of death because since Roman law, death has been a fact that determines the end of a person’s legal subjecthood, causes legal affairs mortis causa to take effect, is one of the main prerequisites of inheritance law, and causes certain uninheritable rights and obligations to cease. The first part of this paper will focus on particular bioethical, legal, and medical issues concerning death. The second part will focus on the civil law regulation of death in Roman (private) law. Finally, the third part will deal with the consequences of death in certain parts of contemporary civil law, as well as with natural persons and their legal subjecthood.

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