Análisis del estatus jurídico de los animales domésticos reconocidos en el código civil ecuatoriano no como cosas y no como seres vivos

Abstract

This research is focused on analyzing the legal status of domestic animals within the normative body of the Ecuadorian Civil Code, as they should be recognized as living beings in conditions of respect, freedom, compassion, and protection that human beings should have towards them, and not as objects, as established in Article 585 of the Civil Code. It has been scientifically proven that they are sentient beings capable of feeling human-like emotions such as pain, suffering, and happiness. Therefore, in our Ecuadorian Constitution since the reform of 2008, the rights of nature are recognized in Article 71, which is why this Article of Law 71 should be taken into account to consider the legal status of domestic animals in the Civil Code, because, if a position is maintained, where animals are considered things and not subjects of rights, evidently we are talking about a possible direct violation of the rights of nature.