Five years after the first parliamentary initiative that laid the foundations for the current reform, pets will cease to be “things” to become “living beings endowed with sensitivity.” It is a change of legal implications that goes beyond the symbolic. The Spanish legal system will not consider them “properties” but family members, a critical aspect when it comes to settling civil disputes.
And one that will entail a somewhat exotic novelty: an animal ID.
What is it? An identification system contemplated by the triple administrative and legal reform (Civil Code, Mortgage Law and Civil Procedure Law) that comes into force tomorrow. Throughout 2022, all pet owners will have to request a DNI that includes the name of the animal, its veterinary history and the contact information of the person in charge, among other elements. The goal is to limit dropouts or, at the very least, trace the responsible owner of the animal.
Will it be physical? It is not yet known. Its design and implementation is borne by the General Directorate of Animal Rights, dependent on the Ministry of Social Rights. It will operate in a complementary manner to the existing microchip and will generate a national database that can be consulted by all the autonomous communities (the current coordination can be improved). It will also include a QR code so that authorities can quickly identify the animal.
Shared custody. The DNI is perhaps the most striking measure, but not the most important contemplated by the reform. As we saw at the time, a relevant aspect of the new regulations is the “family” consideration of animals. In case of separation or divorce, the judges must treat them with the same consideration as a child, distributing charges and custody. They will cease to be objects, “properties” to be distributed in the separation and that, in extreme cases, could even be seized.
A short course. The law has controversial aspects. The most debated and discussed is the compulsory course to access the “possession” of dogs. The Animal Protection Law drafted by the ministry says the following: “The owners or persons responsible for the dogs must have previously completed an accredited training course for the keeping of dogs, the content of which will be determined by regulation.” You will also be obliged to take out civil liability insurance.
At the time, the general director of Animal Rights, Sergio García Torres, gave some more details: “It is a training very similar to what the food handler course can be, a free course that is done online and that is not It is the biggest problem when it comes to overcoming it. ” However and as in relation to the DNI, the ministry has yet to specify how the course will be.
Changes. The law introduces other obligations, especially in relation to the care of dogs. Here you can read the ten most relevant, including the impossibility of leaving the animal alone for more than 24 hours. Most are common practices that now take on legal status, providing greater protection to pets. All this fits well with the times: there are already more pets than children under 15 years of age in Spain, and their status has gone from mere utilitarianism to their full assumption as family “members”. Tomorrow, that reality takes on legal status.
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