Examinando por Materia "Bienes muebles"

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    Cuidado de animales de compañía ante la separación familiar : ¿un problema de régimen de visitas o de liquidación de sociedad conyugal o patrimonial? : Procedencia del régimen de alimentos, visitas y custodia de menores de edad, regulado por el Código Civil colombiano y sus normas complementarias, en animales domésticos como miembros de la familia multiespecie con ocasión de la separación y liquidación de una sociedad conyugal o patrimonial de hecho
    (Universidad EAFIT, 2023) López Vanegas, Andrés Felipe; Ceballos Arcila, Valentina; Alzate Tobón, Laura Daniela
    The evolution of domestic animals over the years has allowed them to be considered as part of the family, since nowadays the way in which the animal relates to the other members of the family and its environment is of greater concern, and this, together with other reasons, has led some judges to consider a new type of family, such as the multi-species family. On this, although Colombian civil law establishes that animals are movable property and sentient beings, today the legislation has been changing by granting them the character of sentient beings along with special protection for a dignified life, as is the case with Law 1774 of 2016 . However, and due to the new conception of the multispecies family, there are still regulatory gaps regarding the separation or rupture of this. In this sense, this degree work, through the qualitative research method, focused on analyzing and studying whether, based on the different concepts that national judges have adopted on the multispecies family and the different rules relating to the care and welfare of animals, it is possible to equate the regime of food, visits and custody of the Colombian Civil Code and its complementary rules on these beings that are part of the family, since doubts remain regarding how the custody and care of these beings is assigned, Is a solution to this problem found through property law or through family law?
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    La muerte o lesión del animal de compañía y el daño moral : ¿cuánto vale perderlos?
    (Universidad EAFIT, 2025-09-29) Peláez Rendón, Sarah Sofía; Espinosa Calle, Mariana; Alzate Tobón, Laura Daniela
    The leading role that companion animals have acquired today has driven a significant number of legal advances. Among these are the strengthening of laws against animal abuse, the recognition of the multi-species family, and even the granting of compensation for the moral damage caused by their loss or injury. Paradoxically, however, these advances encounter limitations when it comes to the economic quantification of non-pecuniary damage, since jurisprudence continues to uphold a patrimonialist view, treating pets as mere objects and seemingly disregarding the profound emotional bond between humans and their animals. This situation is further aggravated by the lack of uniform judicial criteria to adequately assess such damages. Hence arises the need to analyze the current legal treatment of non-pecuniary damage in these cases, and to propose a set of more coherent, fair, and empathetic criteria—ones that resonate with the emotional reality that the loss of a companion animal entails. To this end, through a qualitative methodology, the current Colombian legal framework will be examined in order to identify the country’s starting point regarding the place of animals in law and compensation for moral damage, specifically in cases of pet loss or injury. Subsequently, several foreign legal systems will be studied, as they have addressed this same issue through their own legal practices and social progress. All of this will culminate in the creation of a set of parameters, adapted from those international practices, which could serve Colombian judges as useful tools when determining compensation for moral damage arising from the loss or injury of a being that has now become part of the family nucleus: the companion animal.