Neither Persons nor Things: The Changing Status of Animals in Private Law

Abstract

The summa divisio between the person and the thing lies, traditionally, at the very basis of European private law. In a growing number of European jurisdictions however, provisions have been introduced in the Civil Code that differentiate between animals and other legal things or objects. Even though it is certain that these provisions do not vest animals with a form of legal personality similar to that of humans or corporations, it has been noted that the new legal status may influence the way animals are being addressed in other areas of private law and can sometimes even be construed as limiting the rights of persons. Perceived as such, the special status of the animal challenges the traditional dichotomy between the person and the thing, giving rise to a category that lies in between.