Is this possible? a reservation on the horse? And if so, which one? Requirements Is it permissible for the owner of the stable to refuse to hand over the horse to the owner? What is the difference in the so-called “right of retention”?
First of all: Yes, the right to hold a horse is possible, as is the right to keep it. But let’s start from the beginning:
Buying a horse can sometimes be associated with high costs, depending on the animal’s breed, age or level of training, and this is well known. But the really expensive thing about the hobby is that maintenance costs. Forager, vet, farrier and … stable rent. This quickly adds up to a nice monthly amount. Unfortunately, it often happens that the advertiser is no longer able to pay the fixed rent in the long term. Then the initially settled worker is left with the costs, because he is still obligated – depending on the type of pension contract – to continue caring for the horse.
In order to protect himself financially, the owner of the stable first has the option of the so-called right to retain To take advantage of things he has direct access to. These are the horse and, if necessary, the saddle or bridle. So can from the owner release Horse and accessories RefusalUntil the costs due are settled.
If the owner of the horse is unaffected by this and does nothing, i.e. still does not pay the agreed boarding price, then the stable owner risks entering into financial difficulties himself by continuing to care for the horse at his own expense. So the question arises here whether he has a privilege over the horse, i.e. this ”Exploit” mayo.
Whether this is the case depends on the system What type of contract? It’s a riding contract (for distinction: ’employment contract’ by attorney Lisa Adler Malm, www.adlerrecht.de). Is the contract rent contract Classified, according to case law there is already one legal mortgage of this contract. In the event of late payment, the owner of the stable can exercise his lien on the item brought into the stable, that is, the horse, by law. If there is a pure one custody agreement Before, case law had thus far assumed that a legal right to lien did not exist. However, in such cases, the lien is (on the horse and/or accessories such as saddle, bridle, hanger, etc.) expressly agreed upon in the contract will.
If the stable owner has a lien on the horse and/or accessories, he has the option to satisfy his claims against the keeper from selling the items (although animals are not items, the same regulations apply to them). so he has right of possession On this horse as well as a The right to turn over the horse, to sell this auction.
Aside from the various auction options (“selling a pawn with title” or “selling a pawn without title”), it is important to note that the owner of the stable can sell the horse (i.e. auction) threaten first must and then Auction as soon as one month later allowed.
As a horse owner, you need to be aware of the costs before buying, so that such a situation does not arise in the first place.
But how do you protect yourself as a stable worker? Unfortunately, what appears simple at first has not yet reached everywhere in reality: the operator must about the Economic situation New tenant up front. For example, he can self-disclosure Request or even information Schufa. In addition, it is always advisable to take into account the costs of stable rent in advance Requests. Of course he can also, especially if the pension contract is a contract classified under the Tenancy Law Insurance amount An application that covers the risk of non-payment for at least a certain period of time (eg 6 weeks).
attention: Contrary to popular belief, a stable operator can Horses’ passport is not withheld. Horses’ passport is a legal document, owned by the respective breeding association and is an essential part of the horse. If the barn operator illegally withholds the passport, he can be sued for it.
If you have any questions about this or any other topic of equine law, please feel free to contact me for comprehensive advice.
Your attorney Lisa Adler Malm