In the law, the dead are not a person, but a thing. Legal personality comes from birth and leaves when the person has died. After death, they have no rights, but there are some of the rights they can have even after death. The rights are as follows: The legal status of a deceased person is an important issue. Can we assume that a person has a legal right even after his death? Case law attempts to clarify the same thing. In the simplest sense, a legal entity or legal entity is an entity that can be sued and sued. A deceased person cannot do either, so he cannot be considered a legal person. The identity of a person as a legal person begins at birth and ends at death. To better understand this, the main legal anomalies related to a deceased person have been discussed below. This word has now taken on several meanings. According to the famous jurist Litelmana, the essence of a legal personality is its “will”, according to which the physicality of man is a completely different and unrelated attribute. It is true that the dead are not recognized as legal persons, but testamentary declarations of the dead are made by law.
Dead Man is not a legal entity. As soon as a man dies, he loses his legal personality. The dead do not remain bearers of rights and duties. It is said that they established their rights and duties with their death. Action personalis moritur persona – Action dies with the death of a man. With death, the personality ends. A deceased person loses all legal claims or is bound by a legal obligation. Nevertheless, the law recognizes and takes into account to some extent the wishes or intentions of a deceased person. The law ensures a dignified burial, respects the wishes of the deceased regarding the disposition of his property, protects his reputation and, in some cases, pursues the action brought by or against a deceased person.
The wishes of the dead are respected and enforced by law. This does not mean that the dead have the right to have their will executed. Normally, a corpse is not considered property in the eyes of the law. For funerals, however, when a person dies, their body becomes quasi-property in law. His or her rights then belong to the spouse or next of kin. However, the property is considered part of the ground after burial. Many countries around the world have a well-defined law against people who attempt to treat corpses with humiliation, especially people who attempt to commit sexual offenses against the dead. Once a body is buried on public property, it becomes the property of the law and remains in the custody of the law.
These corpses must not be harassed and must remain in peace. The court`s mandate is to protect these bodies from excavation or disturbance. Salmond defines a “person” as “any being against whom the law is capable of rights or duties. Any being who is so capable is a person, whether human or not, and nothing that is not so capable is a person, although he is a human being. Who is a person? According to the law, a person is any person who has certain legal rights and is bound by certain legal obligations. This person can be real or even imaginary. What, then, is the legal status of an unborn child, a minor, a drunkard or a madman? Let`s find out. This section deals specifically with people who attempt to enter places set up for funeral ceremonies or with people. It is important to note that the person who has to cremate or bury the dead also has the right to take action against the person who tries to injure the corpse in any way. Thus, the law of the Statute will apply to persons who do not enjoy the privilege of being legal persons, i.e. who do not have independent legal entities. Nevertheless, society has an obligation to them and their well-being.
These include an unborn child, a minor, a madman or a drunkard, and even a deceased person. According to Salmond, a person can be any person legally capable of acquiring rights and obligations. Similarly, Hindu law treats idols as a personality. Therefore, it is obvious that personality and humanity are not synonymous. The word person is derived from the Latin word persona, which means a mask worn by actors playing different roles in a drama. Until the sixth century, the word was used to refer to the role of a man in life. After that, it began to be used in the sense of a living being that is capable or has rights and duties. In general, there are two types of persons that the law recognizes, namely natural and artificial persons.
The first designates persons, the second persons other than persons to whom the law recognizes duties and rights. One of the most famous artificial people is the company. The law assigns legal personality to unborn children. A child in the womb is created by fiction as already born and considered a person for many purposes. A gift may have been given by your child, who is still in the womb. Property can be transferred to a child in the womb, and such a child represents life in the sense of the rule against eternity. However, the rights conferred on unborn children depend on whether or not they are born alive when they are converted to acquired rights. On a cold winter night, as I passed a cemetery, I saw the most horrific photo. I saw a man, naked, trying to have sex with a corpse! Brutally forcing her body on a dead woman.
I was shaken to the heart and ran home. It was on that day that I started researching the rights of the dead. First, we need to understand the concept of a person. Who is a person? And when people die, should they be treated as just things? Q: Who has to prove someone`s drunkenness or madness to invalidate a contract? I work as an assistant professor at a law school in Mumbai. I went through the article above. I would like to suggest that this article needs changes in the lines I have copied and pasted below. The person who dies intestate does not draw up a will. He can dispose of his property by will. If a person dies without inheritance (the living will dies), the property is distributed in accordance with the WILL. Therefore, anyone who is mentally ill at the time of entering into the contract (including insane and drunkards) will not be able to do so. Defaming a deceased person is a very complex matter.
How exactly can a deceased person be defamed? The law makes defamation of a deceased person a criminal offence. Section 499 of the Indian Penal Code defines defamation as follows: “Any person who, by words spoken or intended to be read, or by visible signs or representations, makes or publishes an attribution in respect of a person who intends to cause harm, or has reason to believe that such attribution will damage the reputation of that person, is said to defame this person in the following cases, except in the cases listed here. The section further explains the issue of defamation of the deceased, “attributing something to a deceased person if attribution would damage that person`s reputation if he or she were alive and intends to harm the feelings of his or her family or other close relatives.” The judicial view on the same has been illustrated in many cases. One is Ms. Pat Sharpe v. Dwinjendra Nath Bose. The court said: “Even if Netaji is dead, it is defamation because attribution would have damaged her reputation if she were still alive, and attribution must be seen as hurting the feelings of her family or other close relatives, so the words used amount to slander in all respects.” The court also extended the liability for defamation of a deceased person taking into account whether the disputed person was alive or not. However, the law takes into account the wishes and desires of the deceased. And it also ensures that there is no false damage to the reputation of the deceased. According to Indian law, legal persons have two categories, physical and legal. Natural persons are human beings, while legal persons can be called artificial persons. They are imaginary people who have rights and duties in the law and to whom the law gives personality through fiction.
In another case Ashray Adhikar Abhiyan v. Union of India, which deals with the rights of the homeless to a dignified burial, a similar verdict was rendered. The Supreme Court has ruled that people have the right to a decent burial, according to the religious beliefs to which the person belonged before his death. In addition, inheritance law defines the rules for transferring ownership in the event of the death of a person without making a “will”. A will is a legally valid statement. A valid will must comply with certain formalities. A will is used to alienate or transfer ownership. There must be one property that must be transferred to others after the death of the owner. In addition, article 241 of the same Code provides that if a close heir has not cared for a person well, but a distant heir has done so, the deleted heir who has taken care of him or her is entitled to inheritance.