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What it is

Animals are no longer things under the Civil Code

BOE step 7 of 7 · Passed

It is a members’ bill. Introduced by parliamentary groups, the Senate, regional governments or citizens. It was introduced on 18 March 2021. Introduced by: Grupo Parlamentario Socialista.

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

Follow this law

Source: Congreso de los Diputados, file 122/000134· updated 11 Nov

Automatic summary, not yet reviewed

  1. The Civil Code now recognizes that animals are living beings endowed with sensibility. The legal regime for property applies to them only when it is compatible with their nature and with the rules that protect them.
  2. In cases of annulment, separation or divorce, the judge decides who gets the care of companion animals, considering the interest of the family and the animal's welfare, regardless of who owns it. Spouses may also agree on this.
  3. Joint custody of children will not be granted if there are signs of animal abuse used to control or victimize a spouse or the children.
  4. If the owner of a companion animal dies without provisions for it, the animal goes to the heirs who claim it. If no one wants it, it may be given to a third party for its care.
  5. A mortgage on a property does not extend to the animals placed in it, and it is forbidden to agree that a mortgage covers companion animals.
  6. Companion animals cannot be seized to pay debts, although the income they generate can be.

Who it affects

  • People who separate or divorce and have pets: The judge will decide, or the spouses will agree on, who cares for the animal, based on its welfare.
  • Animal owners: They must exercise their rights and care for the animal respecting its condition as a sentient being.
  • People who find an injured, abandoned or lost animal: They can recover care and treatment costs from the owner.
  • Buyers and sellers of animals: The seller is liable for illnesses or injuries that existed before the sale.
  • Creditors and financial institutions: They cannot seize companion animals or include them in a mortgage or pledge.

Words worth knowing

Régimen jurídico
The set of rules that apply to something.
Guarda y custodia
Who the children live with and who cares for them after a separation.
Hipoteca
Mortgage: a property guarantees a loan; if the loan is not paid, the property can be foreclosed.
Embargar
To seize someone's property through the courts to pay a debt.
Prenda
Pledge: a movable item given as security for a debt.

It summarizes the law as published in the BOE. 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 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced18 March 2021Someone registers the text in the Congreso.
  2. Admitted23 March 2021The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendments7 May 2021Groups propose changes.
  4. Committee17 June 2021A committee goes through the text in detail.
  5. Plenaryno dateAll 350 deputies vote.
  6. Senate5 October 2021The Senate can pass it, amend it or veto it.
  7. BOE2 December 2021It is published in the Official State Gazette (BOE) and comes into force.
See the 13 official steps on a timeline
Mar 2021Apr 2021May 2021Jun 2021Jul 2021Aug 2021Sept 2021Oct 2021Nov 202111. 18 March 2021: Presentación22. 23 March 2021: Boletín Oficial de las Cortes Generales Publicación desde 23/03/2021 hasta 26/03/202133. 23 March 2021: Calificación44. 26 March 2021: Gobierno Contestación desde 26/03/2021 hasta 09/04/202155. 9 April 2021: Pleno Toma en consideración desde 09/04/2021 hasta 20/04/202166. 20 April 2021: Mesa del Congreso Acuerdo subsiguiente a la toma en consideración desde 20/04/2021 hasta 05/05/202177. 5 May 2021: Comisión de Justicia Publicación desde 05/05/2021 hasta 07/05/202188. 7 May 2021: Comisión de Justicia Enmiendas desde 07/05/2021 hasta 17/06/202199. 17 June 2021: Comisión de Justicia Informe desde 17/06/2021 hasta 28/09/20211010. 28 September 2021: Comisión de Justicia Aprobación con competencia legislativa plena desde 28/09/2021 hasta 05/10/20211111. 5 October 2021: Senado desde 05/10/2021 hasta 17/11/20211212. 17 November 2021: Pleno Enmiendas o veto del Senado desde 17/11/2021 hasta 02/12/20211313. 2 December 2021: Concluido - (Aprobado con modificaciones) desde 02/12/2021 hasta 11/01/2022

2 December 2021

How did the plenary vote?

More votes in favour 283 yes · 47 no · 1 abst.

Voted on: Remaining amendments.

This law had 8 votes; this is the latest with every deputy’s vote. See them all

Source: Congreso de los Diputados, vote 49 of sitting 138· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Republicano, Socialista, Vasco (EAJ-PNV), Mixto, Ciudadanos, Gcup-ec-gc, GPlu and Popular en el Congreso. Against, most of VOX. 1 deputy voted differently from their group.

By province: in 51 most voted in favour; in 1, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 51
  • Against: 1
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu5
5 in favour
Republicano13
13 in favour
Socialista120
118 in favour · 2 did not vote
Vasco (EAJ-PNV)6
3 in favour · 3 did not vote
Mixto10
9 in favour · 1 did not vote
Ciudadanos9
9 in favour
Gcup-ec-gc34
30 in favour · 4 did not vote
GPlu12
11 in favour · 1 abst.
Popular en el Congreso88
85 in favour · 3 did not vote
VOX52
47 against · 5 did not vote

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

The same initiative in the other chamber:

Presented before in:

Published in the BOE: Law 17/2021, of December 15, amending the Civil Code, the Mortgage Law and the Civil Procedure Law, regarding the legal regime of animals

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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