Los animales de compañía en las crisis de pareja

Abstract

The purpose of this study is to analyze, within the Spanish regulatory framework, the legal deficiencies presented by our current legal system regarding the legal regime applicable to companion animals before the reform introduced by Law 17/2021, of 15 December, amending the Civil Code, the Mortgage Law and the Civil Procedure Law on the legal status of animals and, specifically, how the treatment of animals as semi-moving goods affects the jurisprudential level in matters of couple crisis (separation, marriage dissolution due to divorce or break-up domestic partner). To do this, one of the main objectives of this study has been to analyze chronologically the jurisprudence collected from our Courts regarding partner crises when the object of discussion is about a companion animal to detect, within a critical analysis, whether the current legal regime applicable to domestic animals as semi-moving goods is followed by our Courts or if they opted, in matters of family law, to interpret the applicable rule at that time in accordance with social reality and to consider domestic animals as sentient beings. In addition, we studied the legal repercussions that introduced the Law 17/2021, of December 15, amending the Civil Code, the Mortgage Law, and the Civil Procedure Law on the legal status of animals, whereby they are no longer considered mere things but are recognized as living beings endowed with sentience.