August 27, 2025, 2:51 pm | Read time: 4 minutes
Under every post about animal welfare, you’ll find them: passionate social media users who vent their frustrations in the comments. Their favorite line? “In Germany, animals are just things! No one cares anyway!” It sounds outrageous, but it’s simply wrong. The legal situation says otherwise—and so does common sense. It’s time to dispel the myth.
What the Law Really Says
Since 1990, it’s been unequivocally stated in the German Civil Code (BGB), § 90a: “Animals are not things. They are protected by special laws.” This means animals are explicitly distinguished from “thing status.” They are living beings with feelings.
So why does the misconception persist? Because many legal decisions about animals are made under property law. This applies in certain situations—such as when buying a dog, claiming damages after an accident, or dealing with an inheritance. Here, property law is applied “accordingly.” It’s a legal necessity for a contract to function. But: A dog is not a sofa. A parakeet is not a kettle.
What Property Law Actually Means
Property law is regulated in the third book of the BGB (§§ 854–1296 BGB). It deals exclusively with what lawyers call “things”—that is, physical objects (§ 90 BGB).
Key Elements of Property Law
- Ownership (§§ 903 ff. BGB)
Whoever owns a thing can generally do whatever they want with it—as long as it doesn’t infringe on others’ rights or laws. - Possession (§§ 854 ff. BGB)
Possession is the actual control over a thing. Example: I possess a car, even if it doesn’t belong to me (e.g., a rental car). - Transfer of Ownership (§§ 929 ff. BGB)
How does ownership legally transfer from one person to another? Example: Buying a vase. - Protection of Ownership (§§ 985 ff. BGB)
An owner can demand the return (“claim for restitution”) if someone else has the thing without right. - Pledge & Security Rights (§§ 1204 ff. BGB)
How can things serve as security for debts?
And Why Does This Apply to Animals “Accordingly”?
According to the law, animals remain living beings with special status. Property law only provides the formulas to resolve cases cleanly. For example, when buying a dog, there is a purchase or protection contract for the animal. For this to be valid, the rules of transfer of ownership (§ 929 BGB) apply accordingly.
In an accident involving a horse, liability and compensation rules apply, as they do for damaged things. Only here, animal welfare (§ 1 Animal Welfare Act) is also considered.
Another example is a divorce involving a cat. During the separation, it must be clarified where the cat will live. Here, possession and ownership rules (§ 985 BGB) serve as a basis, but courts also consider where the animal is better off. So, the person named in the adoption contract isn’t automatically the best person to care for the animal. Judges decide on a case-by-case basis for the best possible outcome for the animal.
EU Parliament Approves Stricter Animal Welfare Rules
German Federal Animal Welfare Commissioner: ‘The best law doesn’t help if it’s not being implemented’
Other Rules That Protect Animals
The EU has also enshrined in its Charter of Fundamental Rights and the Treaty of Lisbon: Animals are “sentient beings”—that is, feeling creatures. All states are therefore obliged to consider this in agriculture, transport, research, and legislation. Additionally, the following laws apply to animals in Germany:
- Animal Welfare Act (§ 1 TierSchG): Prohibits animal cruelty and mandates species-appropriate housing. Those who mistreat animals risk fines or imprisonment.
- Judicial Practice: In divorces, it is decided where the animal is “better off”—not, as with a thing, who has the purchase contract.
- Criminal Law (§ 17 TierSchG): Animal cruelty in any form can be punished with up to three years in prison.
There’s Still Room for Improvement
Of course, the system isn’t perfect, and behind the indignant exclamation, “Animals are just things anyway,” there’s actually a grain of truth. Factory farming, long animal transports, industrial (cruel) breeding, and animal testing show that the laws meant to protect our fellow creatures aren’t always consistently applied or enforced.
Economic interests often prevail, which is why animal rights organizations have been demanding stricter regulations for years. Criticism of the status quo is important and necessary. And a legislative proposal is now also causing movement on this issue at the EU level. You can learn more about this in this article: EU Parliament Adopts Stricter Animal Welfare Rules.
What is certain, however, is that animals are not legally things—and not morally either. They are sentient beings with their own protected status. And precisely because they are not things, it’s worth insisting on their special status and continuing to demand improvements.