Death assistance. A critical-comparative analysis, from the perspective of the French Social Security law

Abstract

Public protection is studied here to cover burial expenses that are caused by the death of those who are legally considered deceased, by comparing the legal regulation of the subject in two Member States of the European Union, as are Spain and France. In both States, said public protection is a specific Social Security benefit, articulated through a specific system in which both the deceased and the beneficiary have to meet a series of requirements. Regardless of the existing similarities, the fact is that the comparative study of the Law of both States allows us to conclude that there are significant differences in their legal regulation, especially in relation to the amount of compensation established to deal with burial expenses.