As the saying goes: “better late than never.” And in our country, things are finally beginning to change for pets. At ARISTOPET, we are very happy to be able to write these lines. We think it is one of the best ways to start the year.
A few weeks ago, the Congress of Deputies unanimously approved changing the legal status of animals. This means animals are no longer considered things (something that seems absolutely surreal to anyone), but are starting to be recognized as living beings endowed with sentience.
Animals have achieved the impossible: a proposal promoted by one party received all the parliamentary support necessary to amend the Civil Code, the Civil Procedure Act, and the Mortgage Act.
This reform was long overdue because of the inconsistencies between the Criminal Code and the Civil Code. While the former has distinguished since 2013 between damage caused to pets and damage caused to things, the latter continued to ignore the fact that animals are living beings with their own sentience... and considered them “movable property.” This is absolutely paradoxical, given that at the European level, Article 13 of the Treaty on the Functioning of the European Union recognizes that “animals are sentient beings.”
How did treating pets as “things” affect them?
Until now, animals living in Spain were “things.” Or, in other words: “property.” This meant that they could be seized, just like a vehicle, an apartment, or a work of art. They could also form part of an inheritance, based on their economic value.
In the event of divorce or a family breakup, there was a legal vacuum regarding what to do with the pet. There were no regulations that could be applied to determine who would keep the pet.
As a result, pets found themselves in a legislative limbo, reduced to mere merchandise with a specific monetary value.
What will change when the reform takes effect?
Fortunately, now that the reform has begun following its admission for processing, all of this is going to change. At last, we are joining the group of countries that have already changed the legal status of animals. These include Portugal, whose case we told you about here a few months ago, as well as Switzerland, Austria, Germany, and France.
The proposal put forward by the Popular Party aims to describe animals in positive terms, following the example of the civil codes of our neighbors France and Portugal. Among other things, this means that animals are distinguished from people and from other forms of life, such as plants. They will be given a different status so that they receive greater protection. They will have more rights, meaning their owners will also have more obligations.
When the reform comes into force, the Mortgage Act will have been amended, meaning that animals can no longer be mortgaged. The Civil Procedure Act will also be amended so that animals can no longer be seized if their owners fail to make payments. Provisions will also be established to determine the custody arrangements for companion animals if an ARISTOPARENT couple permanently ends their life together.
So, as you can see, we are starting 2018 with very good news. And we are sure this is only the beginning!