A recent ruling by the Chamber of Appeals in Civil and Commercial Matters of Mar del Plata addresses the responsibility of a funeral home and a cemetery in the context of an error in the cremation of a deceased person. Isidoro, a man who passed away on June 12, 2022, had clearly expressed his last wishes, which complicated the situation when the cremation occurred before the agreed date.
Isidoro’s partner, María Alejandra, had organized a funeral procession for June 14, respecting her partner’s wish to be cremated and his ashes scattered at sea. However, on June 13, she received a notice from the funeral home indicating that the cremation had already taken place. This resulted in profound disappointment for the family, who had planned a farewell in accordance with Isidoro’s wishes.
The investigation of the case revealed that Isidoro’s body was mistakenly placed in a coffin identified with the name Beatriz, another person whose body was to be cremated on June 13. This led to the premature cremation of Isidoro, leaving his family without the possibility of conducting the necessary farewell ritual.
The first-instance court had condemned the funeral home but acquitted the cemetery. However, the Chamber overturned that decision, considering that the cemetery also bore responsibility for the error and that the daughter of the partner, Abril, had the right to claim for the damage suffered. The Chamber emphasized that, in a service as delicate as cremation, it is essential to adhere to the agreed-upon conditions, which include the accurate identification of the body.
The ruling underscored that the administrative process of death cannot be reduced to a mere procedure. The dignity and last wishes of the deceased are fundamental, and the Civil and Commercial Code establishes that an individual has the right to determine how their funeral will be conducted. Furthermore, the court pointed out that improper treatment of the body can affect the rights of the living and compromise the memory of the deceased. Thus, the ruling highlights the importance of maintaining high standards of service in the funeral sector and recognizing the dignity of the deceased.
Source: www.infobae.com
