Pets are sentient beings
A couple of weeks ago Law 17/2021 came into force, modifying the Civil Code, the Mortgage Law and the Civil Procedure Law and there is already a case in which it has been executed. The Court of Oviedo has become the first to rely on article 333 bis of the Civil Code, through which pets are sentient beings, endowed with sensitivity .
The case that was dealt with in that court was a civil lawsuit De Cell Number where a man who went to live abroad sued a friend to whom he left his dog so that she could return it to him . After all those years that he had been away from her, she was the animal's main caregiver and covered all the veterinary expenses.
Thanks to the modification of the Civil Code, animals have become considered sentient beings in Spain . This means that they cannot be seized, mortgaged, abandoned, mistreated or separated from one of their owners if there is a separation or divorce.
Draft Animal Welfare Law
In addition to these modifications, the government is preparing a draft Animal Welfare Law which will include more forceful measures such as prohibiting the sacrifice of animals without justified cause, prohibiting the use of wild fauna in circuses and putting an end to the sale of pets in store.
At the same time, the future reform that is going to be carried out also plans to toughen penalties for animal abuse . This is a list of rules that will help change our relationship with animals. For the moment we can comment on the developments that are already taking place:
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Regulation of shared custody of pets in case of separation.
From now on, judges will have the power to decide that parents do not share their children with their ex-partners if they are going to separate in the event that they have mistreated or threatened to mistreat pets as a form of vicarious or gender violence to control or victimize the spouse or children.
Pets will also be taken into account in wills . In the event that there are no last wills, the animals will be delivered to the heirs who claim them.
The person who finds a lost animal must hand it over to its owner or whoever is responsible for its care , except if there are signs of abuse or abandonment, at which time they must notify the authorities.
In the case of the modification of the Mortgage Law, this refers to the fact that animals from livestock, industrial or recreational farms will not be included in the mortgages, and the reform of the Civil Procedure Law refers to the fact that pet animals are not They are seizable in the event of non-payment .
It should also be noted that a reform of the Penal Code is planned, which is already underway and, through which, penalties for animal abuse will be toughened. This very important modification is in a preliminary phase and is still in public consultation, but we will be attentive to how it develops.
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