Aforementioned law 17/2021, of december 15 , which modifies three different laws; the civil code (cc), the mortgage law and the law of civil procedure, in relation to the legal regime of animals. In 2003, reforms were already introduced in the penal code that distinguished between damage to pets and things, while, until now, in civil regulation there was no recognition that animals are living beings with sensitivity. Inesem business school advanced course in family and inheritance law more information
we must highlight what article 333.1 bis cc establishes: “animals are living beings endowed with sensitivity. The legal regime of goods and things will only be applicable to them to the extent that it is compatible with their nature or with the provisions intended for their whatsapp number list protection . The main change is that the animals are already part of the family until now, animals were considered movable property. From now on, animals go from being things to being family and sentient beings, therefore, they cannot be seized, mortgaged, abandoned, mistreated or separated from the life of one of their owners in the case of separation or divorce , unless determined by a judge.
The fate of the animals in the event of the death of the owner is also regulated , that is, provisions on pets in terms of inheritance are incorporated . The new law also establishes some limitations for guardianship and custody in cases where there is a history of animal abuse, gender and domestic violence, and/or child abuse and sexual abuse. Therefore, as we are seeing, the reform is not only important to recognize the very nature of animals, but also to recognize the nature of the relationships of coexistence that we maintain with them, and