Selected legal aspects of death : a civil law perspective

Abstract

An individual’s life is governed by the law from its inception right until its consummation. Throughout the course of one’s life, a myriad of laws regulate one’s everyday activities – be it a simple transaction or a complex contractual arrangement. However, the law also has an important part to play in an individual’s death – an inescapable event which gives rise to varied legal considerations. The broad aim of this thesis is to consider certain salient aspects of the interrelation between human death and the law from a civil perspective. A preliminary point of interest is the lack of a legal definition of death in Malta – a fitting introduction which doubles as an ideal intellectual springboard to delve further into the discussion about other topical issues. One such issue is the ethical dimension of certain aspects linked to an individual’s death, namely the notions of artificial life support and post-mortem organ donation. Both issues have long been riddled with dilemmas regarding whose consent should ultimately prevail in the determination of an individual’s autonomy. A person’s death also gives rise to considerations regarding the legal status of the human remains and the disposal thereof. In this realm one finds a singular commixture of the sacred and the profane, wherein cultural, religious, ethical and practical concerns all weave an intricate canvas for discussion. The multifaceted nature of death is also evident in several provisions contained in the Maltese Civil Code, which present death as a phenomenon capable of triggering, modifying or terminating legal arrangements. Concluding remarks on all the constitutive elements of this work will culminate in the proposal of certain measures and the outlining of an agenda for future research, aimed at bringing clarity and certainty in areas characterised by unfortunately-longstanding lacunae.