Legally recognized barking

Illustration : "Les aboiements sanctionnés par le droit"

dogs need education to avoid disturbing neighbors, otherwise they may be punished. Some legal departments have expressed concern about the legal consideration of noise. For example, this is the case with the environment act and the public health act. However, according to the provisions of the civil code and the criminal code, neighborhood noise, including the barking of pet dogs, will be punished.

abstract

civil dimension “criminal dimension” civil dimension

property right (article 544 of the civil code) It is protected by Article 1 of the first additional protocol to the European Convention on human rights, but it is also limited by the governor’s theory of the origin of abnormal neighborhood disorder. It was first implemented in 1844. It is independent of general liability law. Therefore, the theory of abnormal neighborhood relationship does not depend on the existence of the fault of the offender: only the existence of damage is enough to describe the neighborhood relationship. The offender cannot evade responsibility by providing evidence that he has not committed a mistake. This is a strict responsibility, the consequence of which is to repair the disease and prevent its recurrence. Only “riots beyond the scope of normal neighborhood obligations” will be condemned. Specifically, it is your dog’s unwelcome barking that triggers the process, not the fact that it barks occasionally. The trial judge has sovereign judgment on the abnormality of insanity according to the facts and place. In order to describe the abnormality of the disease, the jurisdiction is based on two criteria: the persistence and severity of the disease. To illustrate this, the dog barks repeatedly and unwelcome with the encouragement of its owner; Dogs bark when people come;

the barking of our pet dog can also take us to the criminal judge.

criminal level

refers to the person who causes noise, and its duration may damage the peace nearby, Its seriousness or repeatability shall be punished in accordance with article r623-2 of the criminal code. The feature of this article is:

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injurious or disturbing the peace of others by night noise or knocking at the door will be fined Level 3.

and

refer to assistance or assistance through knowledge, The same penalties shall apply to the preparation or completion of violations under this article.

to describe infringement, the elements must be combined. There must be noise or knocking, abusive or nighttime, all of which will disturb public order. Take the barking of a dog as an example. According to article r.623-2 of the criminal law, dogs must bark at night and disturb “others” (so only one person) to see the owner or punish the owner.

and

are different from the recognized abnormal neighborhood disorder in civil cases, This crime must be intentional. Crim example. January 11. 2005: the dog’s guardian was sentenced to bark from 4 a.m. to 10 a.mHe knew the inconvenience caused by dogs, but he did not take any action to stop them.

and

also read: protect the hound

and

. The first paragraph of this article stipulates that violations of the regulations will be subject to a three-level fine (up to 450 euros). Another additional punishment is that dogs that bark a lot at night may be confiscated.

even if our pet dogs bark naturally, they must be very gentle.

further: see gr é goire Leray, Normal behavior of animals and disorder of neighborhood relations. Semi annual animal law review

and

https://idedh.edu.umontpellier.fr/files/2019/12/RSDA-1_2-2019.pdf “Kdspe

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