May 16, 2022 12:19 pm

A judge considers a dog to be “sentient” for the first time so that it does not return to its owner, who neglected it




Just two weeks after the entry into force of Law 17/2021 of December 15, which modifies the Civil Code, the Mortgage Law and the Civil Procedure Law, this has already inspired a first execution order. It has been in the Court of First Instance number 11 of Oviedo, which thus becomes a pioneer in relying on article 333 bis of the Civil Code, which considers that animals are beings endowed with sensitivity.

The car file a civil lawsuit in which a man, who went to live abroad, sued a friend to whom he left his dog to return it, after all these years she was his main caregiver and the one who bore the veterinary expenses.

Despite the fact that the man won this civil lawsuit -after filing a criminal lawsuit for misappropriation that he lost-, by asking the courts to execute it, the judge now, with the Animal Welfare Law in hand, introduces the concept of living being and decides that while the resource is resolved, she will be the caretaker.

Through this order of execution, the judge provisionally prevents the dog from having to be separated from the one who has been its caretaker in recent years, understanding that «the welfare of the animal advises not to establish changes in its current situation; changes that may not be definitive and that could generate unnecessary suffering if he is abruptly separated from who has been his caregiver for at least the last three years.

The magistrate understands that the eventual damage that may be caused by the change of environment cannot be corrected or compensated if a later sentence revokes the sentence -because the decision to return to her owner is appealed by the woman-, and therefore it is not “a thing but an animal”, which is endowed with ‘sensibility’. All the decisions that are made, therefore, must ensure their well-being according to the characteristics of each species.

As Justice understands, the man has not had contact for almost 3 years, and his friend has taken care of him “with the utmost diligence possible, feeding him and giving him the care he needed. However, on the part of man there was a lack of responsibility towards the basic needs of the animal.

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