ARAG expert Tobias Klingelhöfer on the rights and obligations of animal owners
Dusseldorf. Pets take on very different roles in our everyday lives: they are loyal companions, family members or simply part of life. But as diverse as the motives for an animal are, the way we treat them is just as varied. And it doesn't always correspond to what is really good for the animal. Animal suffering does not only begin with obvious cruelty, but often with incorrect behavior that arises from ignorance. In some cases, people consciously cross legal and moral boundaries. ARAG expert Tobias Klingelhöfer explains where the law starts and how animals are protected in Germany.
Especially at the beginning of the year, reports of abandoned dogs are increasing, and animal shelters are bursting at the seams. Why is it still so easy to buy and give away animals?
Tobias Klingelhöfer: People are of course free to decide whether to acquire animals and give them as gifts. Because legally they are not given the same rights as us humans. For example, regulations apply to animals that otherwise apply within property law, such as sales law and property law. At the same time, the animal is recognized as a sentient being and therefore special laws must be adhered to, including the Animal Welfare Act.
What do these different legal bases mean in reality?
Tobias Klingelhöfer: A good example of the balancing act between animal protection and property rights is shown in a case from 2023. Here the dog was taken away from the owner and placed in an animal shelter to protect it. The owner then demanded to see his animal regularly and wanted regular visitation rights. The man sued and was successful. The reason: According to Section 903 Sentence 1 BGB (Civil Code), he remains the owner of the dog. And this gives rise to certain claims, such as the right to visitation, especially since in this case this happened under the supervision of the animal shelter (Higher Administrative Court of North Rhine-Westphalia Ref.: 5 B 1277/22).
Speaking of visitation rights: How is the ownership relationship regulated in the event of a divorce for dog owners?
Tobias Klingelhöfer: In terms of ownership, the dog remains with the spouse who can prove that they are the sole owner. This is usually clear if the dog was already brought into the marriage, inherited or given as a gift. If the dog or any other animal was purchased together during the course of the marriage, things become more difficult. From a legal point of view, it is then counted as part of the common household contents, which in the best case an agreement is reached and in the worst case is disputed. This means that the family court may also have to decide on dogs, cats and mice (Section 1568b BGB). A 'household item' where this judgment is not easy. Therefore, access rights can also apply to dogs. This means that after the owners separate, it is no longer necessary to make a choice as to who the animal will be assigned to. Rather, in the event of a mutual claim to ownership, each partner is entitled to a share (Frankenthal Regional Court, Ref.: 2 S 149/22).
Unfortunately, it is often less about the happiness of the animal than that of the human being. When does the law intervene?
Tobias Klingelhöfer: The animal protection law mentioned above is responsible for the welfare of the animal. This stipulates that no suffering, pain or harm may be caused to an animal. It intervenes when clear animal cruelty becomes known and can be proven. However, it cannot be avoided that boundaries become blurred. For example, it is also about ensuring that animals are kept according to their species. Education is better than any law. Because if you think about what an animal needs beforehand, which animal fits well into your own living situation, and if you think carefully about whether this decision can be made for many years, you are already contributing to the love of animals. Otherwise, the animal will be kept incorrectly, neglected or abandoned, and in the worst case it will be killed. All of these are clear violations of the Animal Welfare Act, which can be punished not only with heavy fines, but also with imprisonment.