Qualification of a Horse as an Animal in the "Domestic Sphere" pursuant to Art. 42 para. 3 and Art. 43 para. 1bis CO

Facts

In a traffic accident, the complainant A.E. and her mare X. were injured. A.E. claimed in her partial claim the costs of healing, compensation for emotional distress, and the reduced value of the mare. She argued that the mare was an animal "kept in the domestic sphere and not for asset or commercial purposes" within the meaning of Art. 42 para. 3 and Art. 43 para. 1bis CO. Although the mare was stabled in a riding stable six kilometers away from the complainant's residence, it was cared for daily by the complainant herself and was also ridden by her until the accident.

Considerations

The Federal Court states that the term "in the domestic sphere" does not necessarily require spatial proximity to the animal keeper's place of residence. Rather, the decisive factor is the particularly close relationship between the animal and the keeper, which is manifested in the keeper or their family's regular and personal care of the animal. Since…