In recent years, many people have chosen to adopt pets instead of buying them, giving stray animals a warm home. Many rescuers and adopters also sign adoption agreements. So, how is the law regulated for such contracts? What responsibility should the adopter bear if they violate the terms? Case review: Zhang is a homeless animal rescuer who rescued a Chinese countryside cat. After being examined by a pet hospital and found to have no health problems, Zhang posted an adoption message online. After seeing the news, Li contacted Zhang and signed an "Adoption Agreement", which stated: "The cat has been vaccinated and was in a healthy state at the time of adoption; the adopter shall not neglect to take care of or abandon the kitten and receive regular follow-up visits. If unable to continue raising it, the adopter shall promptly negotiate with the rescuer on the method of return; if the adopter resells, maliciously abandons, or harms the adopted animal, they shall bear all expenses incurred by the rescuer for rescuing and retrieving the adopted animal, and shall also pay a penalty of 5000 yuan." Zhang conducted a follow-up visit within two months after Li's adoption of the kitten, and everything was normal. One day, Mr. Li told Mr. Zhang that he needed to go back to his hometown for one week because of something, and the kitten was fostered at his friend Wang's. But one week later, both Zhang and Wang contacted Li multiple times to urge him to retrieve the kitten, but were unsuccessful. After the kitten vomited, Wang took it to a pet hospital, but Li refused treatment as he claimed he had no money. Zhang reluctantly took the kitten away and sent it to a pet hospital. After diagnosis, it was found to have fatty liver caused by long-term hunger. In the end, the kitten died due to ineffective treatment. Subsequently, Zhang sued Li in court, demanding that Li pay a total of 5186 yuan for the treatment, transportation, and rescue costs of the kitten, as well as a penalty of 5000 yuan for breach of contract. The court ruled that the adoption agreement signed between Li and Zhang for Li to adopt the kitten rescued by Zhang was a genuine expression of intention by both parties and did not violate the mandatory provisions of laws and administrative regulations on the effectiveness of the agreement. It is legal and valid, and both parties should fulfill the agreement in accordance with the agreement. Li adopted a kitten without compensation and has the obligation to receive follow-up visits and take good care of it. The contractual relationship between the two parties complies with the provisions of the attached obligation gift contract in the Civil Code of the People's Republic of China. Li placed the kitten in the care of his friend Wang, but despite multiple reminders, he refused to bring it back. During this period, he refused to purchase the necessary cat food and litter for the kitten's daily life; After the kitten shows obvious symptoms, do not actively seek treatment and ignore the kitten's condition. Li's above-mentioned behavior is no different from maliciously abandoning or harming adopted animals, and violates the obligations stipulated in the adoption agreement. Regarding Zhang's claim for treatment costs, transportation expenses, and assistance costs, the court determined that Li should pay Zhang 4772.76 yuan based on the transportation invoice, itinerary, hospital receipt, and other documents submitted by him. In addition, the separate provision of liquidated damages in the contract is to urge the adopter to fulfill their adoption obligations as agreed and better take care of the adopted animals. After comprehensive consideration, the court has determined the amount of liquidated damages to be 1000 yuan. In the end, the court ruled that Li should pay 4772.76 yuan for the treatment, transportation, and rescue costs of the kitten, and pay a penalty of 1000 yuan for breach of contract. At present, the judgment of the case has come into effect, and Li has fulfilled all the payments. The judge reminded Lei Junping, a judge of the Civil First Division of Changping District Court in Beijing, that according to the provisions of the Civil Code of the People's Republic of China, a gift contract is a contract in which the donor gives their property to the recipient free of charge, and the recipient expresses acceptance of the gift. Gifts can be accompanied by obligations. If the gift is accompanied by obligations, the recipient shall fulfill the obligations in accordance with the agreement. The adoption of stray cats and dogs is generally done through a written adoption agreement or registration form signed between the rescuer and the adopter. Adoption is usually free of charge and conditional. In this case, Li adopted a kitten from Zhang without compensation and had the obligation to take good care of it. The contractual relationship between the two parties should be a gift contract with attached obligations. The gift contract relationship between the rescuer and the adopter is essentially a single contract, and the recipient does not have the obligation to pay the consideration. However, the law does not prohibit both parties from agreeing on breach of contract liability, so the penalty clause in the adoption agreement is legal and effective. The adoption agreement signed by Li and Zhang clearly stipulates the obligations and breach of contract responsibilities of the adopter, so they should bear corresponding compensation responsibilities according to the agreement after breach of contract. It should be noted that the liquidated damages agreed upon in the gift contract with attached obligations should be based on the actual losses of the complying party, and the amount of liquidated damages cannot be excessively higher than the actual losses. The judge reminds that adoption is not only a matter of love, but also a responsibility that should be subject to the autonomy of the parties involved and legal constraints. The rescuer and the adopter should sign a comprehensive written adoption agreement on the basis of equal consultation, which clearly stipulates the feeding conditions, frequency of follow-up visits, breach of contract responsibilities, etc. The rescuer should not impose excessive obligations on the adopter, and the adopter should also fully evaluate their own situation, act within their capabilities, and carefully fulfill their feeding obligations to ensure that the adopted animal can be properly taken care of. (Author affiliation: Changping District People's Court, Beijing) (News Agency)