The Pet :the Legal Status Of The Pet In Reality
A pet is an animal belonging to "a case which was the subject of continuous selection
pressure dune and constant (that is to say which was the subject of domestication). This allowed the formation of a group that acquired Danimal characters stable genetically heritable.
This definition is actually derived from the environmental code that says the opposite for non-domestic animal species.
These criteria have been reviewed by a ministerial decree of 11 August 2006, which says that a pet is "to animal populations selected or whose parents belong to animal populations selected.
The fact that the animal was born in captivity or been tamed is not a criterion of domesticity under French law. The French penal code distinguishes pets and tame animals . However, it tends to approximate these concepts, particularly for reasons of simplification (as stated in the circular of 12 October 2004 ).
Particularly, the legal status of the pet is hesitating between the classification of simple thing that could be freely available (design of the animal law of property), something with which we maintain a particular emotional attachment, but it must compensate the damage it has caused (design of the animal in tort law) to be alive and in need of special protection (design of the animal in criminal law). These own designs, if they remain tied to each branch of the law, pose no less a question of how man should behave in relation to the animal.
The animals become domesticated by the birth or acquisition, personal property on which the owner has a property right.
Exceptionally, they may be regarded as immovable property by destination , that is to say that we will link these animals to their funds (agricultural, industrial, and even goodwill within the meaning of French jurisprudence) because these animals are assigned to the service and use of a fund. This status will be given until the animal is for the exclusive use of funds, not for the personal use of its owner, and it is necessary for the operation .
The ownership of protected animals is a criminal: theft (criminal offense) is constituted by the fact of "embezzlement" of the pet to its owner, and shall be punished in principle three years' imprisonment and a fine of 45,000.
The legal status of the animal, it is considered personal property or real property by destination is not important: what will remain will not protect the animal itself, but the ownership of his master on animal. This follows a movement of jurisprudence held at the beginning of the century.
First, a decision of the Court of Appeal in Algiers was made in 1911, saying "[that], in principle, the flight can not apply to chattels, these alone are likely to be transported from one place to another .
However, another case in 1968 held that the distinction between civil law movable and immovable property has no value in criminal matters, so that property rights can be protected until the thing is capable of be understood . The fixtures are thus also protected by the offense of theft.
Criminal law considers that the pet is that "the property of another, in the words of Article 311-1 of the French Criminal Code. There is just something that is recognized no free will. The animal is then seen that in terms of ownership.
by: Anna Kerry
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