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Dissertation
| Legal Perspective and Efforts on Animal Right from Consumers’ Foundation（CFCT） （Ju-yin Chen ） |
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Abstract
In our current legal system, pets are considered as goods and objects. We still don’t have specific regulations about the civil relationship of pet sales contracts. Therefore, we may only resort to general provisions in the Civil Code and Consumer Protection Law. However, with a trend towards heightening the animal protection, it would not be appropriate to equate pets in the same breath with lifeless goods. Applying general civil provisions to deal with disputes concerning pet transactions sometimes may contravene the idea of animal protection, offend the owner’s sensibility toward pets, hence not commensurable with bioethics and jurisprudence. At a time when the relationship between human and pets are getting closer in our modern society, ignorance of animal’s life value will lead to deficiency of laws in solving “living” social problem properly. This paper shall focus on pet sales contract to discuss the following issues: firstly, we’ll begin from typical cases which CFCT dealt with to review the cause of actions, elements of the claim, and liability of seller in our legal system; secondly, we’ll bring up proposals for standard form contract of pet sales; finally, We hope that by our efforts the legislature, administration and judiciary will face squarely with the bioethics and legal issues for pet sales contract to establish a more harmonious relationship among human-animal and inter-person subjects. |
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