Original scientific paper
https://doi.org/10.25234/pv/25355
QUESTIONING ANIMALS’ STATUS AS OBJECTS OF PROPERTY RIGHTS IN CROATIAN AND COMPARATIVE PROPERTY LAW
Dubravka Klasiček
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, S. Radica 13, 31000 Osijek, Croatia
Tomislav Nedić
; Faculty of Law, Josip Juraj Strossmayer University of Osijek, S. Radica 13, 31000 Osijek, Croatia
Abstract
The proper coexistence of humans and other members of the living world is one of the essential preconditions for forming the rule of law. Through the influence of the biocentric concept, under the auspices of bioethical and animal-ethical thinking, the legal regulation of humans and animals develops within the framework of animal law as a relatively new branch of law. One of the central topics within the mentioned legal branch is the discussion of animals as objects of property (proprietary) rights and, potentially, as holders of certain legal rights. The above represents a significant challenge to property law and the theoretical foundations of civil law, given that the Croatian Ownership and Other Proprietary Rights Act does not explicitly mention the status of an animal, but the status of an animal as a thing derives from the Croatian property law doctrine. The paper analytically, historically and comparatively examines the current legal status of animals as objects of property rights. Historical insight refers to the development of the paradigmatic position of animals as things established in Roman private law. Analytical elaboration of current property law statutory provisions and reflection of property law doctrine are placed in the comparative legal context of the civil law provisions of those countries that have recognized animals as non-things or as sentient beings.
Keywords
animals; thing; property (rights); ownership; legal rights; legal personhood
Hrčak ID:
306222
URI
Publication date:
18.7.2023.
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