Abstract

ESBORRAZ, DAVID FABIO. The New Legal Regime for Animals in the Civil Codifications of Europe and America. Rev. Derecho Privado [online]. 2023, n.44, pp.51-90.  Epub Feb 03, 2023. ISSN 0123-4366.  https://doi.org/10.18601/01234366.44.03.

The article analyzes the reforms introduced or projected, in the last decades, to the legal regime of animals in some civil codifications in Europe and America, in line with the legislation on animal welfare, which qualifies them not as things but as sentient beings. This new paradigm has led to the overcoming of the traditional people-things dichotomy, through the configuration of a tertium genus dedicated to them and the development of a special legal regime, with repercussions -mainly-on property, civil liability, family and hereditary succession matters.

Keywords : Animal law; de-objectification; sentient beings; tertium genus; multi-species family.

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