Who has never wondered if there is a limit to the maximum number of pets that you can have at home, even if you have a garden?
A recent ruling of the Court of Cassation ruled that judges can limit the possession of animals.
even if thearticle 1138 of the Civil Code states that the rules of the condominium regulation cannot prohibit the possession or possession of pets, there is no doubt that cohabitation with humans is not always easy and the Cassation has intervened several times on this topic.
The case of a dog owner
The case examined by Second section of the Supreme Court it was the one that involved seven tenants of an apartment building, who had reported a woman, residing in a nearby house.
The latter is the owner of a large number of cats and dogs, kept in her apartment and in the courtyard.
Neighbors have brought a legal battle against the woman because of the problems caused by her pets: noise, nocturnal barking, bad smell.
The Court of Appeal – which had in the past already examined this case – had asked the woman to keep inside her property no more than 6 dogssentencing her to compensate for the damage caused to the neighbors, complete with reclamation of the garden.
However, the woman appealed, recalling article 1138 of the Civil Code. The Cassation, however, upheld the sentence.
Ordinance 1823/2023
With the recent order 1823/2023 of 20 January 2023, the second section of the Cassation confirmed the resolution of the Court of Appeal, reiterating the limit of dogs and cats to keep at home, even if you have a garden.
The supreme courtas reported by The sun 24 hourshe has declared:
“The hospitalization of a large number of animal specimens generates an immission which is not generated by ordinary use for civil habitation, but is an activity of custody and care of animals under the jurisdiction of the Court and not of the Justice of the Peace”.
In the present case, one can clearly speak of damage to tenantswho have seen their right to carry out personal and family life in the home and to the free expression of individual lifestyle habits violated.
The sentence
In addition to limiting the number of dogs and cats, the woman was sentenced to pay compensation for the “damage to health and morals” of the seven neighbours: each is entitled to 2,000 euros, for a total of 14 thousand euros.
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