Legal Status of Animals in Turkiye: Moving Beyond Property Law

Rethinking the Legal Status of Animals in Modern Turkish Law

For centuries, animals have been treated under the law as objects, meaning property, rather than as subjects, meaning persons capable of holding rights. This approach originated from the human need to use, own, and control animals, a view deeply embedded in traditional civil law systems, including Türkiye’s.

However, scientific advances proving that animals are sentient beings capable of feeling pain and emotion have led to a global reconsideration of their legal status.

Legal systems are gradually evolving to reflect this growing awareness, and Türkiye is no exception.

Examples include:

• The Animal Protection Law No. 5199 (amended in 2021), which criminalized acts of deliberate harm or killing of animals, classifying such behavior as a public offense, not merely a private property violation.

• New standards requiring municipalities and private caretakers to provide humane treatment and shelter.

• Veterinary and equestrian regulations that go beyond basic ownership rules, emphasizing welfare obligations.

Where Do Animals Fit? Person vs. Property in Turkish Law

Turkish private law, like many civil law systems, is built on a foundational distinction between persons (who can hold rights and duties) and things (which cannot). Traditionally, animals have been lumped with the latter.

However, this binary model is no longer sufficient to account for the complex legal and moral questions surrounding animals.

Legal scholars and courts are beginning to explore intermediate categories, recognizing animals as living beings with a unique status that lies somewhere between being a subject and an object.

This debate has implications for:

• Liability in injury or abuse cases

• Inheritance of animals

• Animal-related business transactions (such as horse breeding or kennel sales)

• Custody disputes in divorces involving pets

Comparative Trends and Broader Implications

Some European legal systems (such as Germany and Switzerland) have already revised their civil codes to explicitly declare that animals are not things. While these declarations may seem symbolic, they pave the way for substantive changes in how animals are treated in both private and criminal law.

Türkiye, though not yet fully aligned, is showing clear signs of heading in the same direction. The legal reforms reflect a paradigm shift that could soon influence areas as diverse as equestrian sports law, veterinary liability, investment in animal care infrastructure, and more.

This discussion also connects with the legal status of other new and unusual subjects, like embryos, artificial intelligence, and even human bodies after death. These examples are making courts and lawmakers think more carefully about who or what can have legal rights.

Legal Advice for Foreign Clients with Animal-Related Interests in Türkiye

Whether you are importing a racehorse, managing an animal shelter, launching a pet-related business, or facing a dispute over animal welfare or liability, navigating Türkiye’s evolving animal law requires up-to-date legal guidance.

At Bayraktar Attorneys, we offer tailored legal services for:

Our legal services include:

• Foreign investors in animal-related industries

• Expats owning pets or equestrian animals

• Litigation concerning injury or mistreatment of animals

• Veterinary malpractice, licensing, or compliance issues

Contact us for a consultation and stay ahead of the legal developments shaping the rights and responsibilities around animals in Türkiye.