The specific position of the animal, especially a dog in the Roman and modern Czech law

Jacek Wiewiorowski , Petr Dostalík

Abstract

Considerable attention is paid to issue of things at the present time. The new Czech Civil Code(NOZ) introduces big changes, one of these changes is definition of things „in a wide-ranging way“, includingintroducing the term of things we cannot touch (res incorporales of Roman Law).In this context, the particular importance has the concept of animal. The article examines the conceptof animal in the Czech and Roman Law, especially relationship between man and dog. The legal regimeof a dog in the Roman Law and in the present Czech Law is significantly different. The Roman Law consideredthe dog as a thing and dogs in Roma had the same status as other things (including slaves). Thearticle deals with the legal status of dogs as things, masteręs responsibility for a damage caused by theirdog (actio de pauperiae). In the Czech Law in contrary, an animal does not have the status of thing, but„entity“, that is different. However, dogs in ancient Rome had the special status as well as in the CzechRepublic nowadays. In Rome, dogs were considered as an example of fidelity (canis fidelis), dogs were notonly hunting companions, but also pets (pets). Dogs were provided with special care by doctors-specialists,we have preserved statues of dogs and their image on headstones, together with their masters. We canfind the same status of dogs also in life of present-day Czechs who invest large sums in the health care fordogs, in their diet and even in their look. Then we can see that despite the different legislation in the CzechRepublic and in ancient Rome, the position of man and dog is very similar, despite all the social and culturaldifferences.The article deals with the matter of roots of such position. It seeks the answer by means of evolutionpsychology in human race prehistory. The close relationship to the dogs is given by the fact that dogs werethe first domesticated animals. The article describes the process of domestication when dogs becameguards of prehistoric peopleęs home, as well as their companions on hunting. This is how the strong bondbetween man and dog was created and it continues until these days.
Author Jacek Wiewiorowski ZPRz
Jacek Wiewiorowski,,
- Zakład Prawa Rzymskiego
, Petr Dostalík
Petr Dostalík,,
-
Other language title versions
Journal seriesThe Lawyer Quarterly, ISSN 1805-8396
Issue year2017
Vol1
No1
Pages12-28
Publication size in sheets1.81
Keywords in Englishconception of thing (res), evolutionary psychology, history of Roman law, position of animal in the Roman and the Czech law, legal history
URL http://tlq.ilaw.cas.cz/index.php/tlq/article/view/217/195
Languageen angielski
Score (nominal)5
ScoreMinisterial score = 0.0, 15-12-2017, ArticleFromJournal
Ministerial score (2013-2016) = 5.0, 15-12-2017, ArticleFromJournal - czasopismo zagraniczne spoza list
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