Publication details
Zvíře na rozhraní mezi osobou a věcí
| Title in English | Animal in between a legal person and legal thing |
|---|---|
| Authors | |
| Year of publication | 2017 |
| Type | Article in Periodical |
| Magazine / Source | Právní rozhledy |
| MU Faculty or unit | |
| 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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