LEGAL STATUS OF PETS AND PRETIUM AFFECTIONIS Cover Image

(ПРАВНИ) СТАТУС КУЋНИХ ЉУБИМАЦА И ПОСЕБНА АФЕКЦИЈА ПРЕМА ЊИМА
LEGAL STATUS OF PETS AND PRETIUM AFFECTIONIS

Author(s): Srđan Radulović
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Правни факултет Универзитета у Нишу
Keywords: damage; pretium affectionis; pets; animals; animal rights

Summary/Abstract: In domestic legal theory, as well as in judicial practice of the Republic of Serbia, there is a widely accepted standpoint that animals are property items, i.e. living movable assets in property law, and property items which increase the risk of damage in tort law. However, both views have been seriously challenged by the adoption of the Animal Welfare Act, and the subsequent amendments introduced into the Serbian criminal legislation. These norms have ultimately contributed to creating a solid base for reconsidering the legal status of animals and treating them as highly distinctive subjects of law. The current legal status of animals, including pets as a special legal category of animals which is the focal point of this paper, is debatable. Yet, the mere hint that there is a possibility to finally overcome the traditional “animal = object” concept creates an obligation to review all other civil law provisions and principles de lege lata, and especially de lege ferenda. In particular, using both analytical and normative method, the author analyzes the relevant provision of the Civil Obligations Act and the Draft Civil Code of Republic of Serbia, and examines the likelihood of awarding compensation (damages) for pretium affectionis (special affection and attachment) in case of death or injury caused to a pet.

  • Issue Year: 2020
  • Issue No: 89
  • Page Range: 335-351
  • Page Count: 17
  • Language: Serbian