ANIMAL LAW - YOUR ATTORNEYS

FAQ – Frequent asked questions

What should a sales contract say about an animal? >> read more

In my rental contract pet keeping is forbidden, can I still keep a cat? >>read more

Does the seller (breeder) of an animal have to pay the treatment costs if the animal falls ill a few weeks after the purchase? >> read more

What is pet owner liability? >> read more

What is strict liability? >> read more

Do I have to pay for the costs of securing my pet in accordance with the animal keeper ordinance? >> read more

Should I conclude the horse purchase contract verbally or in writing? >> read more

What should a sales contract say about an animal?

The contract should be formulated in writing and have the following content:

  • The names and addresses of the contracting parties,
  • Animal as object of the contract with name, breed, colour, age and possible tattoos, chip number, brand or similar.
  • Purchase price in numbers and words
  • Mention of the documents handed over by the seller (e.g. pedigree, vaccination certificate)
  • with assurance of authenticity
  • Warranty regulations (hobby breeders and entrepreneurs must observe different regulations on the exclusion of warranties)
  • Insurance of the buyer’s necessary knowledge of the corresponding animal husbandry or rearing
  • Agreements made according to personal needs with orresponding provisions such as pre-emptive rights for the seller >>to our templates

Does the seller (breeder) of an animal have to pay the treatment costs if the animal falls ill a few weeks after the purchase?

If the illness is a defect, which already existed with the purchase of the animal, then the legal warranty right applies. The assumption of the costs by the salesman is however individually different, it is dependent on the guarantee regulated in the sales contract, this can be excluded. >> Warranty

Warranty claims vary from case to case. Ask a lawyer!
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In my rental contract pet keeping is forbidden, can I still keep a cat?

A clause in the rental agreement which generally prohibits keeping animals is invalid. If it is an individual agreement such as an addition to the rental contract, this may be effective. >> Tenancy/neighbour law

What is pet owner liability?

Animal liability describes under which circumstances Animal Keepers for their animals. For example, a chicken yard owner must comply with other laws than a private dog owner. >> please read more…

What is strict liability?

Strict liability means that the owner is liable for the damage caused by the animal, even if he is not at fault. If a particular danger is created solely by the keeping of a particular animal, the owner automatically assumes responsibility for the actions of the animal. Damage caused by the animal must be compensated.

Example: A person creates in his own interest a particular danger by keeping an unpredictable pet like a dangerous dog and thus legally endangers his fellow human beings. By means of strict liability, the legislator ensures that such a pet owner himself is liable and responsible. In the case of strict liability, one also speaks of fault-independent animal keeper liability.

“If an animal kills a human being or injures the body or health of a human being or damages an object, the person keeping the animal shall be obliged to compensate the injured person for the resulting damage. The obligation to compensate shall not apply if the damage is caused by a pet which is intended to serve the profession, gainful activity or maintenance of the keeper of the animal and either the keeper of the animal observes the care required in traffic during the supervision of the animal or the damage would have arisen even if this care had been taken.”.Liability of the keeper of the animals is regulated in the Bürgerliche Gesetzbuch (BGB), in section (§) 833.

The strict liability does not apply to farm animals. >> more

Do I have to pay for the costs of securing my pet in accordance with the animal keeper ordinance?

The following applies as a general rule: For the danger prevention The keeper shall be responsible for any costs incurred. To danger prevention the legislator has enacted animal keeper ordinances. The duties include e.g: Supervision of the animal or compulsory use of muzzles and leashes for dogs. Violations will be punished with costs. The regulations, however, vary from state to state and from municipality to municipality. If a danger exists for the public, then order authorities can issue even individual orders to the individual animal owners for danger defense like attitude prohibitions.

Should I conclude the horse purchase contract verbally or in writing?

A horse purchase contract is valid both verbally and in writing. Tradition is the conclusion by handshake. However, we recommend the “modern” variant – the written purchase contract. The contract serves as proof in case of dispute. This can include questions on transport costs, liability such as health defects or suitability for certain disciplines. >> to the purchase agreement´s template

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