Cessation of non-marital cohabitation and shared custody of pets

Abstract

In a judgment, the Court of First Instance in Rome establishes shared custody of the family pet in in the aftermath of an extra-marital cohabitation cessation and consequent partners’ disagreement on the issue.  The Court indicates rules of conduct for pet custody and maintenance.  Court’s decision grounds on the analogical application of the norms about custody of children and on the evaluation of the material, spiritual ad affective interest of the pet. The author highlights the remarkable court’s attempt in overcoming the traditional concept of pets conceived as res and, starting from this decision, indicates which perspectives the law can follow in this respect.