The recent rapid increase in the number of companion animal-rearing households has greatly changed the social perception and attitude toward companion animals. Interest in animal protection and welfare has increased significantly, and there have been ...
The recent rapid increase in the number of companion animal-rearing households has greatly changed the social perception and attitude toward companion animals. Interest in animal protection and welfare has increased significantly, and there have been calls for tougher punishment for animal abandonment or abuse. In line with this, revision of the Animal Protection Act was frequently made, and in the process, irrationality intensified in the relationship with the civil law, which treats animals as simple objects. On the other hand, the civil law's attitude toward treating animals as simple objects is feared to undermine the purpose of the Animal Protection Act to deter animal abandonment or abuse. In addition to this absurdity, there are growing calls for a review of the civil law's regulations on treating animals as objects, as there are complicated issues such as how to calculate damages in the event of animal injury or death and who will have custody of companion animals after divorce.
In this situation, this paper looked at whether it is necessary to review the regulations on the legal status of animals under civil law and, if necessary, how it is desirable to define the legal status of animals.