Your pet is no longer a «thing»: what the Civil Code says

Ley 17/2021 reformed the Código Civil (Civil Code) so that animals are no longer treated as things. Since then, article 333 bis says they are living beings with sentience.

If you separate

The judge decides who keeps the pet, how the other person can see it and how the costs are shared. The decision is based on the welfare of the animal and of the family, whoever is listed as the owner (art. 94 bis). If you agree, you can put it in writing in the separation agreement (convenio regulador).

If your pet causes harm

Whoever keeps the animal is liable for the harm it causes, even if it escapes or gets lost. The only exceptions are when the harm came from force majeure or was the fault of the person who suffered it (art. 1905). That is why third-party liability insurance is a good idea, even if your dog is a total softie.

If someone harms your pet

• If someone treats an injured or abandoned animal, they can claim the costs from the owner, even if they are higher than its «value» (art. 333 bis.3).
• If an injury causes its death or serious harm, the owner and the people who live with it can also claim for the emotional suffering (art. 333 bis.4).

Summary of the Código Civil after Ley 17/2021 (BOE-A-2021-20727). For a specific case, talk to a lawyer.