Resumen

DONADONI, Paolo. Interruption of the relationship between humans and pets: the “interspecific damage” in the italian legal debate. Bol. Mex. Der. Comp. [online]. 2023, vol.56, n.167, pp.51-78.  Epub 25-Jun-2024. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2023.167.18559.

In the last 30 years Italian doctrine and jurisprudence have debated whether or not the non-pecuniary profile of the damage suffered by the owner for the killing of his pet (so-called “interspecific damage”) can be compensated. The Court of Cassation with a firm orientation, and still current today, excludes the possibility of compensation; while in the jurisprudence on the merits a favorable orientation is increasingly consolidating also on the basis of: the data that progressively emerge from the knowledge of the life sciences on animals, the evolution of the concept of family, socio-cultural practices. The text analyzes the current state of the debate with extensive references to doctrine and jurisprudence, focusing attention on the legal foundations of the topics.

Palabras llave : animals; law; sentient beings; family; emotional relationship; non-pecuniary damage.