Právní úprava ochrany zvířat

• Main Author: Matysová, Monika
• Other Authors: Stejskal, Vojtěch
• Format: Dissertation
• Language: Czech
• Published: 2010
• Online Access: http://www.nusl.cz/ntk/nusl-300534

This Dissertation - "Legal dispositions relative to the protection of animals" - analyses the legal protection of animals both in the Czech Republic and in Italy. The principal aim of this dissertation is to provide a comparison between Czech legislation and Italian legislation regarding that matter. The first chapter defines the concept of animal, both in the biological sense and legal sense. This chapter also treats of animals' status in private law and in public law. The Czech Civil Code (n.40/1964) defines the legal status of an animal as being a "thing", with the difference, however that animals are considered "sui generis", because of animals being living creatures, and able to feel pain and sadness, like man does. The proposal for a new Czech Civil Code contains a new definition of the concept of animals, labeling them "animals" rather than "things". In Italian legislation, animals are unfortunately also defined as being "things", but a current law proposal also suggests adopting the legal notion of "animals". On January 1st, 2010, the new Czech Penal Code (n. 40/2009) has come into effect. This Code has given the inspiration for an offence of animal mistreatment, and established, in §303, a new crime, that of animal mistreatment in cases of severe negligence. In Italy, a new chapter (IX-bis)...