Protection Contract – A contract that does not actually exist legally.

Time and time again it happens that horse owners are looking for a new home for their animals. Greater sporting ambitions, a lack of horse jockey bonds or a lack of money are just a few reasons to find a new owner for your horse if you no longer do justice to it yourself – or you don’t want to do it for yourself.

However, a horse’s retirement due to age or illness is often a reason for this. Especially in these cases, many horse owners want to give their horse a nice new and perhaps one last stage of life and hope that they can give it to people to care for with certainty: This is where my horse will be. grace bread. So the horse must protected For example before slaughterhouse, before resale or before sports use.

To ensure this, horse owners often resort to the so-called “protection contracts”i.e. contracts regulating the transfer of ownership to the new owner at the same time Circumstances Contain.

In such a contract of protection, for example, the relevant agreements on attitude behavior or resale For animal or animal seller Visit or Pre-emption He confessed.

However, German law does not recognize a “protection contract” per se. Instead, most contracts are one purchase contract or one donation contractwhich – as described above – are conditionally decorated.

So if you want to leave your horse in good hands – for whatever reason – and make sure it stays there, you first need to think about what exactly needs to be regulated and what type of contract is appropriate for the situation in question. If you no longer wish to sell your horse for sale, there is the possibility of a donation contract.

[Exkurs: In der Regel erfolgt dies durch die sogenannte „Handschenkung“, also eine sofort vollzogene Schenkung, in welcher das Tier unverzüglich übergeben wird. Bei dieser Konstellation ist eine bestimmte Form nicht vorgeschrieben. Ander sieht dies aus, wenn der Veräußerer des Pferdes dem zukünftigen Eigentümer zusagt oder verspricht, ihm das Pferd in absehbarer Zeit zu schenken. Da hier keine sofortige Übergabe stattfindet, muss das Schenkungsversprechen notariell beurkundet werden, um wirksam zu sein.]

Of course, the desired purpose of the protection can also be specified in the context of the purchase contract if the seller wants to sell his horse for a fee. Finally, there is the loan agreement. So (usually) a free provision of the horse. The property status in the last constellation does not change and the owner can continue to get rid of his horse.

However, nodes are often indistinguishable from the dominant type of contract. Judicial precedents call such contracts “Unique necklace‘, meaning a ‘contract of its kind’.

The question of the appropriate type of contract becomes relevant, as it always does when disagreements arise between the parties, for example because a horse that was thought to be retired, contrary to convention, is still being offered at tournaments or sold and overlooked.

If the protection contract is a donation contract, it should be noted that donation contracts are characterized by the fact that the commodity is given to the buyer, i.e. no consideration is required. And as long as it is agreed to protect the animal, only one Version (for example, agreeing not to use a horse for breeding) and no credit (for example, ordinary and expensive special fixtures), there are no legal problems. If these conditions are ignored, the seller has the right to redeem the horse, while failure to comply with the consideration does not lead to this. Here only the seller can demand compliance with the agreement (also by legal process).

Another way to ensure compliance with concluded agreements is to include Contract A Penalty register. If the new owner does not comply with the terms, the agreed contractual penalty (such as paying an insensitive amount of money to an animal shelter or the like) may become due.

This is also a complex issue for many riders, which is why I always recommend consulting an attorney who specializes in horse law if you have any questions. I am at your disposal for this.

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