Legally Living: Animals Victory
Believe it or not, until recently, in Spain, as well as in other countries, animals were considered objects. Hence, they were abused with almost no consequences. Finally, this position changed, as animals are now considered by law to be living beings.
For those who love animals, treating them as living beings and not as objects has always been a priority. For years this has been a topic of debate and finally we have some good news! The Congress of Deputies of Spain approved the cause. Animals are now considered living beings under the country’s law. Do you want to know this subject in detail? We will tell you everything!
Animals: Legally Living Beings or Objects?
Debate begins: Should animals be considered living beings legally and not objects? That was the question to be discussed, on December 18, in the Congress of Deputies of Spain. The intention of the discussion was to decide whether a legal procedure should be initiated to grant animals a legal status different from material goods.
The Popular Party was responsible for the initiative. They ensured that the Civil Code, the Mortgage Law and the Civil Procedure Law should be modified regarding the legal status of animals.
As a defense, it was claimed that, in countries neighboring the European Union, such as France and Portugal, animals are considered different from people, yes. However, they are also different from material goods. This gives them greater value and legal security, as they are considered living beings legally.
What was the proposed reform?
The Popular Group defended the need to recognize that the nature of animals is different from other things or goods. Therefore, in cases of judgments, they cannot be treated as objects. According to article 333, “all things that are or may be subject to appropriation are considered movable or immovable property”. This has included, until now, animals.
However, the fact that animals are sentient beings was emphasized. However, in extraordinary cases, such as a divorce, the legal regime of “goods” may apply to them. However, this should not be a precedent in all cases. Therefore, the objective is to recognize them as legally living beings, which is what they are.
The explanation of the reasons for the proposal verbatim is as follows:
“Thus, animals are only partially subject to the legal regime of goods or things, as there are no rules designed especially to regulate the legal relationships in which animals may be involved and, provided that the legal regime of ownership is compatible with its nature as a living being, endowed with sensitivity and with the set of provisions intended for its protection. What is desirable, de lege ferenda, is that this protection regime will be progressively extended to the different areas in which animals intervene and the complementary application of the legal regime of goods will be restricted”.
What benefits will this bring to animals?
That animals are considered living beings legally and not objects brings several benefits. For example, the Mortgage Law will be modified, which prevents mortgages from being extended to animals. In addition, it also applies to specimens that are on a farm dedicated to animal exploitation, industrial or recreational, as well as to pets.
On the other hand, there will also be a change in the Civil Procedure Law, thus, animals will be prevented from being “seizable property”. To do so, alluded to the incredible emotional bond created between pets and their owners.
This seems like a big step towards the respect animals deserve from us. For those who love animals, it was undoubtedly an achievement that was believed could never be achieved.
Without a doubt, it’s a small step to improve the world. Who knows what the next step will be? For now, many are celebrating this victory more. That’s why we are happy that animals are considered as they deserve: legally living beings and not objects.
And in Brazil, how is the situation of the laws that should protect animals?
