Dog maintenance and the custody of pet – a landmark judgment in Spain. Is such a decision also possible in the light of the Polish legal order?

Abstract

The aim of the work is to discuss the groundbreaking judgment adjudicated in Spain, which may initiate a new line of jurisprudence in divorce and maintenance cases in the continental law system in the field of human-animal relations and ties. In particular, the article will present the issue of the possibility of awarding alimony for a dog and the issue of granting the right to care for a quadruped one of the parties to the trial by the Spanish legal order. The work will approximate the Spanish legal provisions on the basis of which the aforementioned landmark judgment was issued. The article also discusses the legal situation of a pet animal under Polish law and issues related to the dilemma or a similar solution, as in Spain, is possible to be ruled by the Polish justice system.