Publication details

Zvíře na rozhraní mezi osobou a věcí

Title in English Animal in between a legal person and legal thing
Authors

PROUZA Ivan

Year of publication 2017
Type Article in Periodical
Magazine / Source Právní rozhledy
MU Faculty or unit

Faculty of Social Studies

Citation
web https://www.beck-online.cz/bo/document-view.seam?documentId=mzyf63c7obza&tocid=mzyf63c7obza
Field Law sciences
Keywords animal, thing, legal personhood, subjectivity, dereification
Description This work focuses on the legal status of animals in the new Civil Code. The aim of this paper is to explain what influenced the conception of animals in private and public law. I focused on the changes brought in by the new Czech Civil Code as well as the related issues of legal personality of the animals. I approached the selected problem through the analysis of related publications and comparative methods. The research undertaken clarifies ideological basis of the current state, and the practical implications of current changes in legislation, where the animals are no longer perceived as a thing, but as a category distinct from things and persons, and outlines a possible future development. The results of this study provide an understanding of the place of animals on an imaginary line between subject and object of legal rights, then analyzes the critical opinions regarding the subjectivity of animals. The work also shows that the concept of animals as individuals poses a problem rather on the culturally-historical level than legally-technical or theoretical.
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