A living being endowed with sensitivity, and its well-being must be ensured.
Based on Article 333 bis of the Civil Code, which came into effect on January 5, the judge prevented the dog from being separated from the person who had cared for it for the last four years. The decision was based on the argument that “the animal’s well-being advises against making changes to its current situation that could cause unnecessary suffering to the animal.”
Taking into account the aforementioned article: “Decisions that affect an animal must ensure its well-being in accordance with the characteristics of each species. This is because it is a living being endowed with sensitivity.”
The controversy arose when the owner of the animal left it with a friend because he was moving abroad. Two years later, he returned and requested the return of the dog from his friend, who refused. This led to various legal disputes, both in the criminal sphere, where it was rejected, and in the civil sphere, where the man was granted the right.
Subsequently, the plaintiff requested the provisional application of the judgment, and, after the opposition of the woman, the court, relying on the new article of the Civil Code, provisionally ruled in favor of the defendant.
