From this Wednesday, animals are considered sentient beings in Spain, which means that they cannot be seized, mortgaged, abandoned, mistreated or separated from one of their owners in the event of separation or divorce. These changes are now in force and modify three rules (the Civil Code, the Mortgage Law and the Civil Procedure Law), but they will not be the only ones: the draft bill on animal welfare, that Podemos has prepared since October and hopes to approve in the coming months, includes more forceful measures, such as the prohibition of sacrificing animals without just cause, the veto of the use of wild fauna in circuses and the end of the sale of pets in stores. In addition, the future reform of the Penal Code provides for tougher penalties for animal abuse. A battery of rules to change our relationship with animals.
What news are already applied? Shared custody of companion animals is regulated in the event of separation. The measures adopted by the judge may be modified when so advised not only by the needs of the children, but also those of the companion animals. In addition, the judicial authority may agree the participation of the spouses in the expenses of maintenance and care of the animal, and decide the fate of this if there is no agreement between the members of the ex-partner, taking into account both the interest of the couple and the well-being of the pet.
From now on, the judges will be able to decide that parents do not share their children with their ex-partners when they are going to separate if they have mistreated or threaten to mistreat pets as a form of vicarious or gender-based violence to control or victimize their spouse or partners. kids.
These living things will also be considered in wills. If there are no last wishes, the animals will be handed over to the heirs who claim them. If this is not possible, they will be handed over to the administrative body or center entrusted with the collection of abandoned animals until the succession procedures are resolved. If none of the successors wants to take over, the administration may assign it to a third party for their care and protection.
The text states that whoever finds a lost animal must hand it over to its owner or whoever is responsible for its care, unless there are well-founded indications of abuse or abandonment, when it will be brought to the attention of the authorities. If you return it to the owner or responsible for its care, you can claim the expenses of treatment and care.
Meanwhile, the modification of the Mortgage Law refers to the fact that animals from livestock, industrial or recreational farms will not be included in the mortgages, and the reform of the Civil Procedure Law refers to the fact that companion animals are not liable to non-payment .
