Family lawyers' doubts about the new law: "Is a Vietnamese pig a pet?"

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The new regulations, which will be completed with the next animal protection law promoted by Minister Ione Belarra, has generated numerous doubts in family lawyers. In the telematic presentation on the subject organized last week by

Association of Family Lawyers- more than 500 lawyers registered.

The new law on the legal regime for animals considers them "sentient beings" and not things, as has been the case up to now, and modifies articles of

to adapt these norms to the new concept.

Family lawyers are affected above all in divorce proceedings, in which, according to the new regulation, the judge must ensure the well-being of the animal when deciding who it stays with.

Until now the ownership of the same prevailed, so that in case of conflict it was awarded to whoever appeared as the owner.

-What do we do if a dog has a terminal illness and one wants to put it down and the other doesn't?

- asks a lawyer in the chat of the aforementioned presentation.

- Well, I don't know, will the judge decide based on the welfare of the animal?

Like anything else in the property regime, in case of disagreement between the community members, the judge decides, it is the most convenient for me.

-Can the judge give me shared custody if I haven't asked for it?

-Yes, because considering the well-being of the animal, the judge decides.

The judge may understand that the exclusive possession of one of the spouses is not appropriate.

regulatory agreements

Who gives the conference and answers the questions is

, professor of Civil Law at the

, with whom this newspaper spoke hours before.

"From now on, in the event of separation or divorce, what will happen to the animal must be included in the regulatory agreement. And it may happen that the judge considers that the solution they have reached is contrary to the welfare of the animal. Let's imagine that The couple has decided that their dog stays with an executive who travels a lot and it is difficult for him to take care of him. The judge may not approve it, "he explains.

-What problems does the new law pose for you?- we asked.

-The law speaks of a pet, but what do we mean by a pet? The law does not define it and it does so deliberately, in the parliamentary process it finally ruled out including a definition. Giving it would mean drawing up a list with the problems that this implies. A dog and a cat are the obvious cases, but

The term is defined in the

, a hierarchically superior 1987 standard.

"And this does not clarify much either. It says: 'A pet is understood as any animal that is kept or is intended to be kept by man, particularly in his own home, to serve as recreation and keep him company.' Is a Vietnamese pig used for recreation or not?" asks Fernández Chacón.

How to prove the welfare of the animal

Another issue that concerns them is the concept of

. "What does the welfare of the animal consist of and how is it accredited? In the case of minors, where the concept is similar, the best interests of the minor are determined through reports from psychologists, pedagogues... In the case of the animal, With veterinary reports? Is the attachment that the children of the marriage may have a decisive element?" the expert asks.

Similar doubts are expressed by

, organizational secretary of the Aeafa Board of Directors: "The courts are collapsed, lacking the means to assess the welfare of minors and determine who has custody, many take months to issue a report. If this It's like that with minors, with animals it's going to be outrageous. What do we do, take the animals to trial? How is a magistrate going to assess their well-being? Based on what the parties tell him? Are we going to have to look for an

, who is like an animal psychologist, or a veterinarian? Are we going to make families in crisis spend more?

«The courts are collapsed, with the animals it is going to be outrageous»

Marín is working on the regulatory agreement for a divorce that practically only lacks a fringe: who takes care of the family dog, older and sick?

The wife, who will keep the house and the children, prefers not to have it, and the husband, who appears as the owner of the animal, argues that he would have to find a suitable home for her.

With the old regulations, he would have to take her away, but what will justice decide now if they do not reach an agreement?

The lagoon of unmarried couples

"There are more problems", continues Ignacio Fernández Chacón analyzing the regulations. "The reform in family matters only refers to marriages, what happens to

? It is an issue raised by the socialist spokeswoman in the Senate. She said that it had been forgotten, but it is not forgotten because the Civil Code does not It has regulation of de facto couples. Do we apply the rules from before the reform or the new ones to them, which seems the most reasonable?"

The law has also modified section 7 of

adding to the reasons for withdrawing the care and custody of the children from one of the spouses "the existence of mistreatment of animals, or the threat of causing them, as a means to control or victimize any of these people.

"Perhaps a very little known aspect or one that has not been talked about enough and has a certain importance is the fact that in some way the companion animal has been equated with minors in cases of

" says Inmaculada. Marin.

"With the new law, when pet animals are harmed with the aim of causing harm to their partner, children, people with disabilities, the abuser cannot be given visitation."

"This is a kind of

», pronounces Ignacio Fernández Chacón in reference to the violence exerted against the children by the father to harm the woman.

"The controversy is served. The presentation is very interesting. Thanks from Jaén", one of the attendees said goodbye in the chat.

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