La condición jurídica de los animales de compañía en el Derecho Civil Comparado latinoamericano: familia multiespecie

The research addresses an analysis of the legal status of companion animals in the context of Latin American comparative civil law, seeking to identify similarities and differences in the legal protection granted to these animals in different countries, focusing on Ecuadorian legislation and comparing it with the legal frameworks of Colombia. The study focuses on the legal relationship between humans and animals with the objective of proposing recommendations for the recognition of the multispecies family in Ecuador. The central problem is the lack of a specific regulation in Ecuador that recognizes companion animals as family members, despite the fact that the Constitution of Ecuador recognizes the diversity of families and the rights of nature, an explicit legal recognition of the multispecies family has not yet been achieved, which generates a legal vacuum that prevents the full protection and enjoyment of rights for both humans and animals that make up this type of family. This research is relevant due to the sociocultural changes that have transformed the perception of companion animals, previously considered merely as property, and now seen as integral members of the family in various legislations. This change raises questions about their rights and welfare within the current legal framework in Ecuador. The existence of legal gaps in many Latin American countries underscores the need for a comparative study that can serve as a basis for harmonizing legislation in the region and promoting more inclusive and compassionate policies towards companion animals. One of the key objectives of the research is to determine the feasibility of regulating the multispecies family in Ecuador, highlighting the legal and social importance of granting legal status to human-animal relationships within the nuclear family. The legislation of other Latin American countries was also analyzed to identify and propose reforms to the Ecuadorian Civil Code, which currently treats animals as objects of dominion. Using methods of legal analysis and interviews, it is concluded that companion animals are sentient beings, which implies their legal consideration as autonomous entities.

• Autor principal: Sasintuña Guaigua, Stalin Dario (author)
• Formato: bachelorThesis
• Lenguaje: spa
• Publicado: 2024
• Materias: Animales de compañía; Derecho Civil; Familia multiespecie; Condición jurídica
• Acceso en línea: http://dspace.unach.edu.ec/handle/51000/13933