Art. 305. The duty and the right to make arrangements for the funeral of
a relative shall be in accordance with the order established for support, under
article 294. In case of descendants of the same degree, or of brothers and
sisters, the oldest shall be preferred. In case of ascendants, the paternal shall
have a better right.
The order given in Article 305 as to who has the right to make funeral arrangements
follows the order for support under Article 199* of the Family Code.
Art. 306. Every funeral shall be in keeping with the social position of the
deceased.
Art. 307. The funeral shall be in accordance with the expressed wishes of
the deceased. In the absence of such expression, his religious beliefs or
affiliation shall determine the funeral rites. In case of doubt, the form of the
funeral shall be decided upon by the person obliged to make arrangements for
the same, after consulting the other members of the family.
Art. 308. No human remains shall be retained, interred, disposed of or
exhumed without the consent of the persons mentioned in articles 294 and 305.
Art. 309. Any person who shows disrespect to the dead, or wrongfully
interferes with a funeral shall be liable to the family of the deceased for
damages, material and moral.
Art. 310. The construction of a tombstone or mausoleum shall be
deemed a part of the funeral expenses, and shall be chargeable to the conjugal
partnership property, if the deceased is one of the spouses.
Menu
