The Legal Status of Animals and the Challenges of Co-Ownership in Companion Animals

Abstract

This article aims to propose a reform of the legal principles governing the status of companion animals under property law and the division of co-ownership in such animals. By drawing on the strengths of legal frameworks from various countries, the article seeks to adapt these principles to the specific social context of Thailand, thereby enhancing the effectiveness of law enforcement in matters relating to the legal status of pets and the division of co-ownership. The study addresses two central questions: (1) How does Thai law currently perceives the status of companion animals and classify them under property law, and is legal reform necessary? (2) How does Thai law regulate the division of co-ownership in pets, and should it be revised? The study finds that Thailand currently belongs to the group of jurisdictions that classify animals strictly as property. Accordingly, the article proposes a shift toward the approach adopted by jurisdictions that recognize animals as more than mere property. As for co-ownership, Thai law does not allow animal welfare to be taken into account, so the article recommends amending the provisions accordingly.