Published on · Last updated
For an equine business that trades with Dutch parties, the contracts carry most of the legal risk: sales, livery, training, leases, commission sales and breeding arrangements. Where a contract is silent, Dutch law fills the gap with default rules and with what reasonableness and fairness require (Article 6:248 DCC), and those rules do not always suit a professional horse business.
This page is for foreign breeders, traders, sales stables, training yards and investors doing business in the Netherlands, and for Dutch equine businesses with customers abroad. It sets out which contract types Dutch law recognises, what each agreement should cover and how general terms and conditions work. Do you need a horse agreement drawn up or checked under Dutch law? Ask our Dutch equine lawyers to review it before you sign.
Which contracts does an equine business need under Dutch law?
Usually five: a sale contract, a livery or boarding agreement, a training or service agreement, a lease agreement and a sales mandate for commission sales. Each falls under a different contract type in the Dutch Civil Code (DCC), such as safekeeping (Article 7:600 DCC) or a contract for services (Article 7:400 DCC), with its own default rules.
| Agreement | Contract type under Dutch law | Default rule you should know | Agree in writing |
|---|---|---|---|
| Sale of a horse | Sale (koop) | The horse must conform to the contract (Article 7:17 DCC) | Intended use, veterinary findings, warranties, retention of title |
| Livery or boarding | Safekeeping (bewaarneming) | Care of a good custodian; use only with consent or where needed to keep the horse in good condition (Articles 7:602 and 7:603 DCC) | Services included, extra costs, turnout, riding, liability |
| Training, riding or showing | Contract for services (opdracht) | Care of a good service provider; the client can terminate at any time (Articles 7:401 and 7:408 DCC) | Programme, fees, notice period, competition entries |
| Lease of a horse | Lease (huur) | Use of the horse against payment (Article 7:201 DCC) | Use, insurance, vet costs, return condition |
| Sale on commission | Mandate (lastgeving) | The agent acts for the owner’s account and must account for it (Articles 7:414 and 7:403 DCC) | Minimum price, commission, costs, who signs the sale |
Breeding arrangements, such as stallion services, embryo transfer and the sale of breeding rights, have no specific statutory regime. They are judged by the general rules on contracts and services, which makes clear written terms on fees, a live-foal condition and the ownership of the foal all the more important. Co-ownership of a horse is covered on our page on horse ownership disputes.
What should a horse sale contract contain?
At least a precise identification of the horse, the price and payment terms, the intended use, the results of the pre-purchase examination and any warranties or limitations. The intended use matters most, because it defines what the buyer may expect under the conformity rule (Article 7:17(2) DCC).
- Identification: name, passport number, microchip number, age and pedigree, so the title describes the horse sufficiently (Article 3:84(2) DCC).
- Price and retention of title: the seller can retain ownership until the price is paid (Article 3:92 DCC). Combine this with a clear payment schedule.
- Intended use and veterinary examination: describe the use, for example sport at a stated level or breeding, and attach the examination report with its findings.
- Warranties and limitations: possible between businesses within the bounds of reasonableness and fairness, but not towards a private buyer (Article 7:6(1) DCC).
- International sales: the CISG applies to sales between businesses in different contracting states unless the contract excludes it (Articles 1 and 6 CISG). Decide deliberately whether you want the CISG or Dutch sales law.
- Applicable law and court: agree both in writing. See choice of Dutch law in international contracts.
The buyer’s side of a horse purchase, including complaint periods and the consumer presumption of non-conformity, is set out on our page on the purchase of a horse in the Netherlands.
How do general terms and conditions work for an equine business?
Standard terms that the other party accepted bind it even if it did not know their content (Article 6:232 DCC), but a clause can be annulled if it is unreasonably onerous or if the other party had no reasonable opportunity to read the terms (Article 6:233 DCC). Hand them over before or when the contract is concluded (Article 6:234(1) DCC).
Between businesses that are not both established in the Netherlands, these Dutch rules on general terms do not apply at all, whatever law governs the contract (Article 6:247(2) DCC). A clause can then only be set aside under the reasonableness test of Article 6:248(2) DCC if Dutch law applies. For a foreign equine business dealing with a Dutch yard or stable, the wording of each clause is therefore decisive.
Towards private customers, such as riders boarding their own horse, Dutch law lists clauses that are always unreasonably onerous and clauses that are presumed to be (Articles 6:236 and 6:237 DCC). A clause that excludes or limits statutory liability to pay compensation falls in the second list (Article 6:237(f) DCC). Towards larger businesses the protection is narrower: a Dutch company that has published its annual accounts, and any party with 50 or more employees, cannot invoke the grounds for annulment in Articles 6:233 and 6:234 DCC (Article 6:235(1) DCC). Our page on general terms and conditions under Dutch law explains how to draft and incorporate them.
Which rules apply to livery, training and lease agreements?
Livery is in principle safekeeping, training and riding are services, and a lease of a horse is a lease. That classification decides the duty of care, the right to terminate and who bears which costs (Articles 7:600, 7:400 and 7:201 DCC).
A professional livery yard is entitled to a fee and to reimbursement of costs not included in it (Article 7:601 DCC). It may only ride or otherwise use the horse with the owner’s consent or where that is needed to keep the horse in good condition (Article 7:603(1) DCC), and it can withhold the horse while a related invoice that is due is unpaid (Articles 6:52 and 6:57 DCC, read with Article 3:290 DCC). Agree in the livery contract which services are included, which are charged separately and when the yard must call a vet.
A training client can terminate the contract at any time (Article 7:408(1) DCC). Between businesses the parties can agree a notice period or a fee for early termination; towards a private client that rule cannot be set aside to the client’s detriment (Article 7:413(2) DCC). The trainer must keep the client informed and account for its work and for money spent or received for the client (Article 7:403 DCC).
In a lease, agree who insures the horse, who pays the vet and farrier, which use is allowed and in what condition the horse comes back. If the horse is made available for use in someone else’s business, liability for damage caused by the horse rests on that business (Article 6:181(2) DCC).
Who carries the risk when a horse causes damage in your business?
The business that uses the horse. When an animal is used in the course of a business, the strict liability of the possessor rests on the person running that business (Article 6:181(1) DCC in combination with Article 6:179 DCC).
A contract between owner and yard cannot take that liability away from injured third parties, but it can allocate costs between the parties and require adequate insurance. Insurance is covered on our page on liability and insurance in equine law; claims about lack of care by yards, trainers and vets on our page on negligence in the equestrian industry.
Planning to sell, board or train horses with Dutch partners? Send us your current contracts and terms; we check them against Dutch law and tell you where the gaps are.
A customer disputes your invoice or your sale: what now?
Check what was agreed in writing, then respond in writing with your position and a deadline. Unpaid invoices are claims for performance that become time-barred five years after they fell due, unless the period is interrupted (Article 3:307 DCC).
- Collect the contract, your general terms and the proof that the customer received them.
- Check which rules apply: consumer or business customer, Dutch law or the CISG.
- Send a written demand that sets a reasonable deadline for payment (Article 6:82 DCC); see our page on the demand letter under Dutch law.
- If the customer has a horse at your yard, consider whether you can withhold it until the related invoice is paid.
- Read the steps for a full dispute on our page on disputes in the horse industry.
Practical example: an Irish breeder selling through a Dutch stable
Suppose an Irish breeder sends three young horses to a Dutch sales stable to be sold on commission. The parties agree by phone on a commission percentage, but not on a minimum price, on who pays board and vet costs during the sales period, or on who signs the sale contracts.
Under Dutch law the stable acts under a mandate, for the breeder’s account (Article 7:414 DCC), and must account for what it received (Article 7:403 DCC). The mandate can require the stable to act in its own name or in the breeder’s name (Article 7:414(2) DCC), which decides who the buyer can claim against if a horse turns out to be lame. A short written agreement covering a minimum price per horse, costs, insurance, the signing party and a deadline for payment of the proceeds prevents the usual disputes in commission sales.
When do you need a Dutch lawyer for your equine business?
Before you sign a contract under Dutch law that you did not draft, when you set up general terms for a yard or sales stable, and as soon as a customer or partner disputes what was agreed, because Dutch law then fills the gaps with default rules (Article 6:248(1) DCC).
Claims up to EUR 25,000, and cases about certain contracts such as leases and consumer sales, go to the subdistrict court, where you may act without a lawyer; in other cases representation by a Dutch advocate is mandatory (Articles 93 and 79 DCCP).
MAAK Advocaten in Amsterdam drafts and reviews sale, livery, training, lease, commission and co-ownership agreements and general terms for equine businesses, in English. When a dispute arises, we negotiate, attach assets where needed and act in proceedings at first instance and on appeal. Read our overview of Dutch equine law or contact our equine lawyers to discuss your agreements.
Frequently asked questions about business law for the equine industry in the Netherlands
Is a written contract required to sell a horse in the Netherlands?
No. A sale can be concluded orally. A written contract is still the best evidence of the price, the intended use and the results of the veterinary examination, which decide most later disputes about conformity (Article 7:17 DCC).
Should an equine business exclude the CISG in its sale contracts?
That is a choice, not a rule. The CISG applies to sales between businesses in different contracting states unless excluded (Articles 1 and 6 CISG). It has its own notice rules (Articles 38 and 39 CISG) and does not cover auction sales (Article 2(b) CISG). Decide in writing which regime you want.
What type of contract is a livery agreement under Dutch law?
In principle a contract of safekeeping (bewaarneming). The yard must take the care of a good custodian, may only use the horse with consent or where needed to keep it in good condition, and is entitled to a fee if it acts professionally (Articles 7:600 to 7:603 DCC).
Can a training contract be terminated early?
The client can terminate a contract for services at any time (Article 7:408(1) DCC). Between businesses, the parties can agree a notice period or a termination fee; towards a private client that rule cannot be set aside to the client’s detriment (Article 7:413(2) DCC).
Do Dutch rules on general terms apply to a foreign business customer?
Not if both parties act in the course of business and are not both established in the Netherlands. The Dutch rules on general terms then do not apply, whatever law governs the contract (Article 6:247(2) DCC). Reliance on a clause can still be unacceptable under Article 6:248(2) DCC if Dutch law applies.
Primary sources
Dutch statutes are only officially available in Dutch, on wetten.overheid.nl. Judgments can be found on rechtspraak.nl by their ECLI number. Legal position checked on 28 October 2026.
- Dutch Civil Code (Burgerlijk Wetboek), Book 3: Articles 3:84, 3:92, 3:290 and 3:307
- Dutch Civil Code, Book 6: Articles 6:52, 6:57, 6:82, 6:179, 6:181, 6:232, 6:233, 6:234, 6:235, 6:236, 6:237, 6:247 and 6:248
- Dutch Civil Code, Book 7: Articles 7:6, 7:17, 7:201, 7:400, 7:401, 7:403, 7:408, 7:413, 7:414, 7:600, 7:601, 7:602 and 7:603
- Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering): Articles 79 and 93
- UN Convention on Contracts for the International Sale of Goods (CISG): Articles 1, 2, 6, 38 and 39
