In my master's thesis, I will present the position of animals in civil law relationships, the main topic of the whole thesis being the amendment of the Property Code, which excluded animals from the concept of things and defined them as "sentient living beings".
Roman law equated animals with things, and this conception has influenced modern civil law through its reception. It is only more recent legal theory and practice that have elevated animals to a higher level, noting that substantive provisions are largely declaratory in nature, and their impact is primarily ethical and symbolic.
The legal status of animals also raises the somewhat ethically and morally tinged question of legal subjects and objects, and the dilemma of whether it would be reasonable to grant animals their own rights.
With the growing popularity of pets, animals are increasingly encountered in various civil law relationships. In tort law, they are either the cause of damage or the object of damage; in inheritance law, they form part of the estate of the deceased; in family law, their fate is often the subject of disputes over the division of the partners' joint property; and, last but not least, animals can find themselves in a delicate position in enforcement proceedings.
Sectoral legislation is also particularly important to protect the life, health and welfare of animals, bringing the most up-to-date animal protection guidelines into the legal framework. Animal Protection Act is a fundamental legislative framework in the Slovenian legal order, but faces challenges in terms of monitoring its enforcement.
For the excursion I will also present the legal aspect of pedigree dog breeding.
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