Animals have ceased to be "things" as of this Wednesday and are now considered "sentient" living beings, with the entry into force of the Bill that simultaneously modifies the Civil Code, the Mortgage Law and the Civil Procedure Law in relation to the legal regime of animals.
The Plenary of the Congress of Deputies definitively approved this PSOE Bill on December 2 and on December 16 it was published in the Official State Gazette (BOE). According to article 2 of the Civil Code, the laws come into force 20 days after their complete publication in the BOE, if they do not provide otherwise.
The reform affects the Civil Code so that the welfare of animals must be taken into account in separation or divorce proceedings when specifying the regime of coexistence, custody, care of these, visitation regime and the judge will be in charge of deciding who to entrust the care of these based on their welfare.
In addition, it incorporates this concept when deciding in situations of inheritance, succession, so the judge will be responsible for setting the destination of an animal in case of death of its owner, taking into account their welfare.
Likewise, taking into account the concurrence between animal abuse and domestic violence, gender violence, child abuse and sexual abuse, it includes the limitation of custody in cases where there is a history of animal abuse exercised as a form of violence or psychological abuse of these.
The reform of the Mortgage Law, which introduces a new section in article 111, establishes that from now on animals will be "absolutely unseizable" according to the bond of affection with their family. This means, for example, that when a judge orders a seizure of property, he can only take what is seizable, among which animals will no longer be included, which will remain in the care of their family.
On the other hand, in case of accident, animals will no longer be abandoned, like a suitcase, but will have to be attended to.
Specifically, it adapts the Civil Code to the "true nature" of animals, of the relationships, particularly those of coexistence, that are established between them and human beings", for which precepts are introduced in the rules relating to marital crises aimed at specifying the regime of coexistence and care of companion animals.
