ПРАВНИ СТАТУС ЖИВОТИЊА У ГРАЂАНСКОМ ПРАВУ
LEGAL STATUS OF ANIMALS IN CIVIL LAW

Summary/Abstract: In modern civil systems, the traditional approach to the relationship towards animals, according to which they are treated as objects of property rights, i.e. as values that enjoy a certain degree of legal protection for the purpose of realizing human interests, has mostly been abandoned, and accepts the point of view according to which animals enjoy legal protection because they are values in themselves, not because of human needs and interests. This approach to animals requires and corresponds to legal verification in terms of determining their legal position (status). The prevailing opinion on this issue is that animals have a specific legal position, ie. legal subjectivity sui generis, which is different from the legal subjectivity of natural and legal persons who are the only indisputable subjects of law. This difference stems from the fact that animals cannot be titular, ie. have legal, business and delict capacity for property rights, but may have legal capacity for certain non-property rights, e.g. the right to life, physical and mental integrity, health protection, etc. This sui generis legal subjectivity of animals also includes their specific, sui generis, legal position as an object of law. Therefore, since they do not have legal subjectivity in full capacity, this implies that animals have the legal position of object of rights at the same time, but also in a limited legal capacity, because they can be objects of property rights, but not objects of pledge rights, retention rights, etc.

• Details
• Contents