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动物法律人格之否定——兼论动物之法律“物格”[动物法律]

发布时间:2024/6/28 11:26:48 

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  s: With the revision of the clause 90a of German Civil Code, the regulation that animals are not things has brought giant influence to the world of law. What's more, in environmental ethics some advocate that animals are already subjects of the rights. It seems that animals' traditional status as objects of the rights were changing so that animals would soon get personal rights as subjects of rights. However, the arguments in environmental ethics couldn't amount to those in the law science, legal personality being unable to extend to animals, and the relevant revisions of Civil Codes in Austria, German and Switzerland have nothing with the animals' legal personalities. On the other hand, the protection of animals must be strengthened. Animals should be treated as a kind of special thing in civil law, applicable to rules different from those to ordinary things.