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What it is

Bill to stop treating animals as things under Spanish law

Admitted step 2 of 7 · Unfinished

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 15 July 2020. Introduced by: Grupo Parlamentario Popular en el Congreso.

Official title: Private member's bill regarding the amendment of the Civil Code, the Mortgage Law, and the Civil Procedure Law, on the legal regime of animals.

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Source: Congreso de los Diputados, file 122/000068· updated 11 Nov

Automatic summary, not yet reviewed

  1. The bill would amend the Civil Code to state that animals are living beings capable of feeling, not things. The rules for property would only apply to them when compatible with their nature and their protection.
  2. In separation or divorce cases, the bill would have the judge decide which spouse gets custody of companion animals, based on the family's interest and the animal's welfare. Couples could also agree on the fate of animals in marriage contracts.
  3. The bill would adapt several Civil Code rules to the new status of animals: their use and disposal, natural fruits, occupation of ownerless animals, finding lost animals, and hidden defects in their sale. Owners would have to ensure the animal's welfare and could not mistreat or abandon it.
  4. If a third party injures a companion animal, causing its death, the loss of a limb or major organ, or a serious and lasting loss of mobility, the owner and those living with the animal would be entitled to compensation for emotional suffering, set by the court.
  5. The bill would amend the Mortgage Law so that a mortgage does not cover animals on a farm, industrial or recreational property, and would ban agreeing to extend a mortgage to companion animals.
  6. The bill would make companion animals completely exempt from seizure in court proceedings, though income they generate could still be seized. The law would take effect twenty days after publication in the official state gazette.

Who it affects

  • People with companion animals: They would see the animal's welfare recognized in the Civil Code, custody rules in divorces, and protection from seizure.
  • Couples going through separation or divorce: A judge would decide who gets the companion animals, based on family interest and animal welfare.
  • Animal owners: They would have to exercise their rights over the animal respecting its sensitivity and ensuring its welfare.
  • People who find a lost animal: They would have to return it or notify the owner, and could keep it if the owner does not appear within six months, plus recover their expenses.
  • Creditors and mortgage lenders on farms: The mortgage would not automatically cover the property's animals or companion animals.

Words worth knowing

Código Civil (Civil Code)
Spain's main law governing relationships between people, such as property, marriage and contracts.
Ley Hipotecaria (Mortgage Law)
The law governing mortgages, that is, loans secured with a home or property.
Embargable (seizable)
That can be taken through the courts to pay a debt. Inembargable means the opposite: it cannot be taken to pay debts.
Vicios ocultos (hidden defects)
Defects in a sold item that are not visible at first sight and that the seller must fix or compensate for.
Usufructo (usufruct)
The right to use an asset and enjoy its fruits without owning it.

It summarizes the text as it was introduced. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 2 of 7 steps. It reached Admitted, and today it is unfinished.

  1. Introduced15 July 2020Someone registers the text in the Congreso.
  2. Admitted2 September 2020The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsnot reachedGroups propose changes.
  4. Committeenot reachedA committee goes through the text in detail.
  5. Plenarynot reachedAll 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 6 official steps on a timeline
Dec 2020Dec 2021Dec 202211. 15 July 2020: Presentación22. 2 September 2020: Boletín Oficial de las Cortes Generales Publicación desde 02/09/2020 hasta 07/09/202033. 2 September 2020: Calificación44. 7 September 2020: Gobierno Contestación desde 07/09/2020 hasta 14/10/202055. 14 October 2020: Pleno Toma en consideración desde 14/10/2020 hasta 30/05/202366. 30 May 2023: Concluido - (Caducado) desde 30/05/2023 hasta 16/06/2023

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

The legislature ended before it finished. To go on, someone would have to introduce it again in the new Cortes.

It has not been presented again yet.

Presented before in:

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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