Argentina

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M.E.R. c/ B.A.B. del C.| Divorcio por presentación conjunta In August 2022, Amorina Bascoy and Emmanuel Medina jointly petitioned for divorce after ten years of marriage. The couple did not have children but shared their life with Popeye and Kiara, their two beloved dogs. the couple filed their agreement regarding the division of marital assets and the care of Kiara and Popeye, together with the communication agreement regarding their care and visitation time, where visitation dates and times would be assessed flexibly by both spouses. In this instance, the family judge recognized the agreement reached by the spouses regarding the care of their beloved dogs, where each divorcee would keep the custody of a dog according to each dog's preference. In addition, in her holding, the judge stated that "although our legal system has not yet advanced in such a way that it can anticipate and/or regulate the situation in which members who also make up the family and have joined it -will be after the termination of the relationship, in this case, two dogs, POPEYE and KIARA-, this brings a reality that cannot be denied and a question that must be answered but those of us that have an obligation to provide a response because, it is known, that everything that is not prohibited by law is otherwise permitted, even in the absence of specific rules that establish it." the judges continues "Thus, we can say that it is known that animals, especially domestic ones, are sensitive beings, who feel, miss, rejoice, suffer, and who acquire habits, the reason why it is undoubted that the change that will produce the separation of the spouses, will also affect them. It will be their owners, then, who are in a better position, to look out for the dogs' interests. Such an understanding has been accepted in some countries, such as Spain, in the same way as in our jurisprudence. This case joins the set of cases in Argentina, such as the Tita and Sidney cases, and other countries in the region where the consideration of animals as non-human persons is becoming more common among judges.
Ley Nº 24.702, 1996
Ley Nº 23.899, 1990
Ley 3.959, 1900 This is the law of the Police for Animal Health. The purpose of this law is to set the parameters to ensure the protection of livestock against contagious exotic diseases. This law regulates topics such as importation and exportation of livestock, prohibiting the importation or exportation of animals infected with contagious diseases or suspected of being infected.
Ley 27.330 This law prohibits dog racing in the country regardless of the dog breed. It establishes a punishment of up to four years of prison and fines for those who organize, promote, or facilitate dog races.
Ley 26.600, 2010
Ley 25.577, 2002
Ley 25.577 This law prohibits the hunting of cetaceans in the entire territory.
Ley 25.463, 2001 This law declared the Panthera onca, also known as yaguareté, Jaguar, overo tiger or painted onca, a natural monument. Ley 25.463/01 instructs the National Park Administration and the Directorate of Wildlife and Flora of the Nation to work together on the management plan for the species in the areas of its jurisdiction, making sure it is in accordance to the national faunal policy. The Enforcement Authority will guarantee the planning and execution of preventive measures in cases in which a specimen becomes circumstantially harmful to humans or their productive activities.
Ley 25.335, 2000

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