Catalonia debates whether the Civil Code allows disinheritance for animal abuse

Catalonia debates including animal abuse as a cause for disinheritance.

Oliver Thansan
Oliver Thansan
10 October 2023 Tuesday 10:24
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Catalonia debates whether the Civil Code allows disinheritance for animal abuse

Catalonia debates including animal abuse as a cause for disinheritance. Point 17 of article 451 of Catalan private law already provides, among other reasons for disinheritance, “indignity”, the denial of maintenance to the testator or his partner and physical or psychological violence. A commission of experts will propose this Wednesday in Parliament that another reason be included: violence against animals.

The draft new Catalan Civil Code has already accepted and approved measures for the protection of animals. Numerous studies support that violence against pets is linked to violence against people. That is, there are those who seek to harm an animal to harm its caretaker or owner. Therefore, parents who abuse animals will not be able to have custody of their children.

Now we want to take a step forward so that people can be deprived of inheritance with an administrative sanction or criminal sentence for animal abuse. This is what the INTERcids platform, which brings together a hundred security and law professionals (lawyers, prosecutors, judges...), concerned about animal welfare, will present to Parliament. Two entities support it: the Franz Weber Foundation and CoPPA.

The Franz Weber Foundation for the defense of animals was born in 1975 in Switzerland and today has an international presence. CoPPA is not an animal institution, but one that helps vulnerable groups: its acronym stands for Coordinator of Professionals for the Prevention of Abuse. The participation of these and other organizations was key for Catalan judges to study cases of animal abuse in couple breakups.

“There is already consensus: pets belong to the family,” explains lawyer María José Mata, from INTERcids and appearing in the parliamentary presentation. But what happens, the lawyer asks, if the heirs have mistreated the testator's animals. Some voices maintain that article 451.17 already allows them to be deprived of even legitimate rights, alleging the psychological damage that abuse represents for pet owners.

But INTERcids, the Franz Weber Foundation and CoPPA believe that this is not enough and ask that this reason be included in the Civil Code for greater legal certainty. It will not be the only issue of the parliamentary presentation on animals and inheritances, since expanding the declaration of last wills will also be studied. This document could also be used for owners to leave in writing who should look after their pets when they cannot.