Short answer. Yes. Under Article 560 of the Civil Code, domesticated or tamed animals are considered domestic if they retain the habit of returning to the possessor's premises — even if they roam freely. You do not lose possession simply because the animals wander, as long as they habitually come back.
What the law says
domesticated or tamed animals are considered domestic or tame if they retain the habit of returning to the premises of the possessor.
Civil Code, Article 560 — Possession Of Animals. Read the full provision →
The distinction: wild versus domestic animals
Article 560 draws a clear line between wild animals and domesticated ones when it comes to possession. Wild animals can only be possessed while they are actually under the possessor's control — the moment they escape and are beyond control, possession is lost. Domesticated or tamed animals follow a different rule: as long as they retain the habit of returning to the possessor's premises, they are still legally considered domestic and the possessor still holds them. The law recognizes that domestic animals have an instinct to return home that makes them different from wild creatures.
What the returning habit means in practice
The "habit of returning" is the key test. A dog that roams the neighborhood during the day and reliably comes home every evening still belongs to its owner in every legal sense — possession is not interrupted by the roaming. A flock of pigeons that flies out in the morning and returns to the coop maintains this character. The habit does not need to be perfect; it needs to be a consistent pattern. What matters is whether the animal has a regular practice of coming back, not whether it does so every single time without exception.
When possession is lost
If a domesticated animal loses the habit of returning — it simply stops coming back — the possessor's legal hold weakens. At that point, it begins to behave more like a wild animal in terms of the law's treatment, and possession may be lost. The animal does not need to be formally "declared lost" for possession to lapse; what matters is the practical fact that the animal no longer has a discernible pattern of returning home. If someone else then takes the animal in and it forms a habit of returning to them, the possession question could become genuinely complicated.
Practical significance for animal owners
For most people, this rule means you do not need to keep animals physically confined at all times to remain their legal possessor. Livestock that graze in an unfenced area, pigeons in an open coop, or dogs allowed to roam are still yours under the law as long as they come back. This can matter in disputes where a neighbor claims an animal that wandered onto their property is abandoned, or where someone argues they have acquired possession by keeping an animal that simply showed up. If the animal habitually returns to you, it is still yours.