The 15th of September 2021, Spain granted domestic and wild animals the status of “Sentient Beings,” consequently altering its Civil Code, Mortgage Law and Civil Procedure Law, in relation to animal legal matters.
Henceforth, animals will no longer be considered as “things” or the inanimate property of an individual. As “living beings endowed with sensitivity,” individuals responsible for animal care will have to guarantee their wellbeing, according to each individual species’ requirements. It will no longer be admissible for domestic animals to be abused, abandoned or foreclosed in the eventuality that an animals’ companion demonstrates an inability to pay a loan or mortgage. In case of divorce or separation, a judge will determine who will be awarded custody, whether it be one of the two individuals directly involved or an organisation capable of caring for the animal, taking into consideration the wellbeing of the creature and establishing the obligations of all parties involved in its maintenance.
Animal protection legislation already existed within the Spanish penal code, yet there lacked a civil equivalent, resulting in substantial difficulty in the resolution of divorse and foreclosure cases.
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