Historical-Legal Analysis of the Obligations of Compensation for Damage Caused by Animals

Abstract

The article focused on the obligation to compensate for damage caused by animals as a type of the attractions. Given the evolution of the entertainment industry, attractions with the use of farm and wild animals are becoming increasingly popular. Along with new emotions from the attractions with animals, such entertainment carries significant risks of harm. The obligation to compensate for such damage caused by animals goes back to the historical depths that we will cover in our article. The first historical mention of the harm caused by animals in the Laws of Hammurabi is investigated. It was established that the first known animal that caused damage, which was subject to compensation, was an ox, and the person responsible for the damage was its owner. It is established that the mention of the damage caused by domesticated animals is contained in the Laws of Dadusha. Such animals were identified as an ox and an aggressive dog. It was investigated that the main function of the obligations to compensate for the damage caused by animals was the compensatory function. It was investigated that the laws of the Hittites also contained a rule governing compensation for damage caused by the animal. The norm provided for compensation for damage to property. The provisions of the Torah, in particular the Code of the Covenant, which established liability for damage caused by animals, are analysed. It is established that the Torah contains provisions that can be considered prototypes of modern norms governing liability for the damage caused by a source of increased danger. The characteristic features of the legislation that was in force before our era, which regulated the compensation for damage caused by animals, are summarized. The provisions of the Laws of the Draco of Athens and Solon, which were in force in Greece in the period from 621 to 594 BC, are studied. The provisions of the Law on Combating Harm Caused by Animals are analysed. The provisions of the legislation of the period of the Roman Empire, which regulated the compensation for damage caused by animals, are analysed. The concept of the term «four-legged animal» and the principle of «harm to the animal» according to Roman law are studied. The provisions of the principle of responsibility of the «mule driver» are analysed. The provisions of the current legislation of Ukraine regulating liability for damage caused by animals are studied. The etymology of the terms «beast» and «animal» are analysed. It is summarized that the animal should understand the subclass of mammals, only part of the classification of animals. The concept of «wild animal» is analysed. Own classification of wild animals is offered. A proposal was initiated to replace the term «keeping of wild beasts» in the Civil Code of Ukraine with the term «keeping of wild animals». A distinction between wild and domestic animals are analysed. The functioning of the Unified State Register of Animals has been studied. It is proposed to improve the activities of the register by entering information about animals used in the activities of attractions. The own definition of the term «attraction animal» is offered.