They separated and fought over the dogs: the Justice ordered to share possession because they are “almost like children”

“The person in charge of the companion animal considers his animals members of the family, almost like children or best friends, instead of considering them as personal property.”

This was the argument of the Eighth Civil Court of Santiago to accept a demand for free cessation of common good and set the shared ownership of two pets belonging to a former partner.

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Is about two shih tzu dogs of property of ex-cohabitants, and in whose sentence, the magistrate Sylvia Papa Beletti upheld the action filed by the plaintiff and established that pets are joint property of the ex-partner, therefore, it established a tenure regime for three months for each party.

“That things are like this, from what was stated above, what was stated by the actor and the documents accompanied by the parties, regarding the payment of expenses of ‘Igor’ and ‘Bamboo’, from which it follows that both the plaintiff and the defendant have attended them, it can be presumed that ownership of these belongs to both parties; concurring then the first of the requirements of the present action, that is, the existence of a common thing”upholds the ruling.

In this sense, the court established that “should not and cannot be interpreted solely in an economic-patrimonial sense, but in the possibility of enjoy and enjoy pets, in its broadest sense, which includes his company, as well as his affective sphere, since, as has been repeatedly argued by experts on the matter, dogs are beings that feel and express their emotions”.

The ruling mentions that “dogs are beings that feel and express their emotions.” (Scott McIntyre – NYTNS /)

For such a resolution, the court cited a report from two graduates in Legal Sciences from Finis Terrae University, which establishes that it is possible to affirm that “in the course of recent years, the man-animal relationship has profoundly changed. This relationship has assumed distinctions that reflect the rapidly evolving associated cultural changes, and with it there has been a huge increase in the dog population.”

“The relationship between human beings and companion animals is similar to a parent-child relationship. The person in charge of the companion animal considers his animals members of the family, almost like children or best friends, instead of considering them as personal property, and describes the role of the animal in the family as ‘very important’”, quote the ruling.

For all of the above, the magistrate concluded in the judgment that “Corresponding ownership of ‘Igor’ and ‘Bambú’ in community to the plaintiff and the defendant, it is fair that both can keep them under their protection and shared care, equally, as will be said, estimating this sentencer that this is satisfied through the possession of each three months for each of the co-owners, starting with the one who has not had them in his possession, this is the plaintiff, as long as this judgment has been executed”.

Source: Elcomercio