Pet ownership in horizontal property: Reflections on the interpretive criteria of the Constitutional Court of Peru

Cuela O.S. · Derecho Animal (2025) · DOI: 10.5565/rev/da.695

Resumen

This paper examines the absolute prohibition of pet ownership in horizontal property under the jurisprudence of the Constitutional Court of Peru and in accordance with Comparative Law. Case study methodology employing a systematic legal inductive method is used. It offers two legal analyses; that: 1) the absolute prohibition of pet ownership in horizontal property constitutes an unlawful agreement; and 2) restrictions may be established on common property provided they pass the proportionality test, meaning that such agreements are strictly appropriate, necessary and proportional. The paper concludes that the Constitutional Court of Peru has issued two contradictory rulings on the matter, in which it fails to apply the legal duties that oblige it to protect companion animals.

Instituciones: Universidad Nacional de San Agustín de Arequipa