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Equine law is not a separate Dutch statute but general private law applied to horses. Animals are not things, but the rules on things apply to them, subject to limits set by law (Article 3:2a Dutch Civil Code). A horse sale is governed by the conformity rule (Article 7:17 DCC), and damage caused by a horse by its possessor’s liability (Article 6:179 DCC). Our equine lawyers in the Netherlands advise owners, breeders, riders and businesses on purchase and sale, liability, stabling, sport and breeding.
The financial interests in the horse sector can be considerable, and disputes follow. The role and importance of equine law in the Netherlands has grown with them; there has even been civil litigation over a horse’s semen (press report). Typical disputes concern transport and the non-conformity of a horse. In one case, the subdistrict court of Amsterdam held that a horse with a bone cyst in the knee was not fit for Western riding, the special use provided for in the contract, and that the buyer had validly terminated the purchase (ECLI:NL:RBAMS:2022:214). See also International Equine Specialist in the Netherlands.
In short, the equestrian sector is becoming increasingly important and legally complex. Our equine lawyer in the Netherlands acts for riders, entrepreneurs and organisations in the equestrian sector who face legal challenges. Together, we determine the legal position and aim for quick and practical results.
What is the definition of equine law in the Netherlands?
Equine law is the body of law governing horses and ponies: liability, contract and property law applied to the animal. Cases range from a disputed purchase to a fall during a lesson or an unpaid livery invoice.
Equine law can be defined as the law governing all legal matters related to horses and ponies, such as liability, contract and property law. Dutch law has no special horse code. Animals are not things (zaken), but the provisions on things apply to them, with due regard to the limits, obligations and legal principles based on statutory rules and unwritten law, public order and public morality (Article 3:2a DCC). Examples of equine law cases are: the non-conformity of a horse, the conclusion of a contract for the sale of a horse, the conclusion or termination of a cooperation agreement in equestrian sports or the conclusion of a sponsorship agreement in equestrian sports.
When do you need advice or litigation on horse law?
Horse owners as well as business owners often have questions regarding the legal ramifications of equine sports. When international contracts are involved, these inquiries take on even greater importance; having clear agreements or knowing your position in case of a business dispute is beneficial.
Our equestrian lawyer in the Netherlands is available to answer any queries you might have on horse law or business law for the equine industry in the Netherlands. Specifically, these include topics such as:
- Drafting a contract of sale for a horse or pony;
- Liability and insurance in equine law in the Netherlands
- Conducting civil proceedings about the non-conformity of a horse under Article 7:17 DCC (for example a defect that already existed at delivery, or the purchase of a horse with a bone cyst);
- Negotiate an agreement for the purchase of a horse;
- Negligence in the equestrian industry in the Netherlands
- Conduct civil proceedings in case of non-performance of the contract;
- Advise on Dutch equine law, including liability, contract and property law;
- Legal counsel on veterinary opinions regarding the purchase and sale of horses or ponies;
- Drafting sponsorship contracts for equestrian events;
- litigation and arbitration on equine law in the Netherlands
- Disputes in the horse industry in the Netherlands
- Terminating riding contracts;
- Ending cooperation agreements in equestrian sports;
- Assisting veterinarians with liability proceedings
When is a horse non-conforming under Dutch law?
A horse does not conform to the contract if, also in view of its nature and what the seller said about it, it lacks the qualities the buyer was entitled to expect under the contract. The buyer may expect the qualities needed for normal use and whose presence he had no reason to doubt, as well as those needed for a special use provided for in the contract (Article 7:17(2) DCC). What was agreed at the sale, and what the vetting showed, often decide the outcome.
A non-conformity dispute typically involves a disappointed buyer. The buyer cannot rely on a defect he knew or could reasonably have known of when the contract was concluded (Article 7:17(5) DCC). He must notify the seller within a reasonable time after he discovered, or reasonably should have discovered, the defect. The period runs only from actual discovery if the horse lacks a quality the seller said it had, if the defect concerns facts the seller knew or should have known but did not disclose, and in a consumer sale (where notice within two months of discovery is in time). Claims and defences based on the non-conformity are time-barred two years after that notice (Article 7:23(1) and (2) DCC). If the seller is a professional and the buyer a private person, it is a consumer sale (Article 7:5(1)(a)): a defect that becomes apparent within one year of delivery is then presumed to have existed at delivery, unless the seller proves otherwise or the nature of the horse or of the defect is inconsistent with that presumption (Article 7:18a(2)). A buyer can terminate the sale for a non-conformity, unless the failure, given its special nature or minor importance, does not justify termination (Article 6:265(1)); if performance is still possible, the seller must first be in default (Article 6:265(2)). Termination is effected by written notice or by the court (Article 6:267). In a consumer sale, specific rules on repair, replacement, price reduction and termination apply (Article 7:22). Alternatively, the buyer may be able to annul the contract for mistake (dwaling) under the conditions of Article 6:228. Each case turns on its own circumstances; a contract law lawyer can assess them.
Who is liable when a horse causes damage?
The possessor (bezitter) of an animal is liable for the damage it causes, unless he would not have been liable under the general rules on fault if he had had control over the behaviour of the animal that caused the damage (Article 6:179 DCC). This is a form of strict liability: the possessor does not escape it by showing that he was careful. If the horse is used in the course of a business, such as a riding school or livery yard, the liability rests on the person running that business (Article 6:181(1) DCC).
Contracts add to this. A livery or riding agreement can regulate who bears which risk, but it does not change the statutory liability towards third parties. For buying a horse, see also our page on the purchase of a horse in the Netherlands.
How can a Dutch horse lawyer help you?
Are you in search of more information on equine law in the Netherlands? Would it be beneficial for you to speak with an experienced Dutch lawyer who specializes in horse law and has a personal interest in horses and the industry?
Are you searching for a Dutch specialist lawyer with thorough knowledge of horse law? Puck Hoendervanger is your perfect match. Puck Hoendervanger has one goal in mind: to truly solve legal problems. As an attorney in the Netherlands, her passion, ambition and determination drive her towards this task every day.
Who advises on equestrian sports law?
Equestrian sport brings its own contracts: sponsorships, prize money, stabling at events and rider agreements. Advice on these needs someone who follows both the legal developments and the rules of the discipline.
At Maak Advocaten, our Dutch attorneys specialize in equine law. This means they stay abreast of the most recent legal developments within the equestrian world so your case will be handled efficiently and effectively. When working with our team of equine attorneys from The Netherlands, you can rest assured knowing they will do everything possible to secure a positive resolution for you.
When is a vet liable for negligence?
A veterinarian owes a duty of care to the client, the patient and sometimes third parties. Liability arises where the vet did not exercise the care and skill that may reasonably be expected of a competent practitioner.
Under Dutch law, a vet who examines or treats a horse usually does so under a contract for services (opdracht) and must observe the care of a good service provider (Article 7:401 DCC). In practice, this is measured against what a reasonably competent vet would have done. A breach that can be attributed to the vet obliges him to compensate the resulting damage (Article 6:74(1) DCC); towards third parties, liability can follow from tort (Article 6:162 DCC). If you believe you have a claim arising from veterinary negligence, or against another expert involved in a horse transaction, our equine lawyers in the Netherlands can assess it.
What does a pre-purchase veterinary report cover?
A pre-purchase examination records the health of the horse at that moment. It gives the buyer some assurance and can support the seller’s position, and it is often the first document consulted when a non-conformity claim follows.
When buying a horse in the Netherlands, have it examined by a vet specialising in horses. The report gives some assurance about the horse, and defects it reveals can be used to negotiate the price. Check that the vet carries professional indemnity insurance and ask for a written report in plain language, with X-rays. Be present at the examination and consider recording it on video, and read the report before you pay. Keep in mind that a buyer cannot rely on a defect he knew or could reasonably have known of at the time of the sale (Article 7:17(5) DCC). A positive vetting does not, however, automatically shift every risk to the buyer: in the bone cyst case, the court did not accept the seller’s argument that the buyer’s own vet’s mistake was at the buyer’s risk (ECLI:NL:RBAMS:2022:214, paras. 3.7-3.8).
Which terms should you know in equine law?
Equine cases use a fixed set of terms: injunction, lien, negligence and warranty each carry a precise meaning. Knowing which one applies determines what you must prove and within which period you must act.
Injunction: A court order that directs someone to do or not do something.
Lien: in common law, a right over property to secure payment. The closest Dutch equivalent is the right of retention (retentierecht): the right of a creditor, in the cases provided by law, to withhold the return of an item, for example a horse, until he is paid (Article 3:290 DCC).
Negligence: failing to take the care that can reasonably be expected, causing harm to another. Under Dutch law, this is assessed as a breach of contract (Article 6:74 DCC) or as a tort (Article 6:162 DCC).
Warranty: a contractual promise about the horse’s qualities (garantie). Even without a warranty, the seller must deliver a horse that conforms to the contract (Article 7:17 DCC).
Frequently asked questions about equine law in the Netherlands
What does “equine” mean in law?
“Equine” means relating to horses, ponies and other members of the horse family. In the Netherlands, equine law is a practice area, not a separate code: Dutch law applies its general rules to horses. Animals are not things, but the rules on things apply to them, subject to the limits set by law (Article 3:2a DCC).
What is equine law and how does it apply to horse owners?
For horse owners, equine law mainly covers contracts (sale, livery, riding and sponsorship agreements), liability for damage caused by the horse, and ownership. The rules come from the Dutch Civil Code, for example Article 7:17 on conformity in a sale and Article 6:179 on the liability of the possessor of an animal.
Who is liable if a horse causes damage in the Netherlands?
In principle the possessor (bezitter) of the horse, regardless of fault (Article 6:179 DCC). He is not liable if he would not have been liable under the general rules even if he had had control over the horse’s behaviour. If the horse is used in a business, the liability rests on the person running that business (Article 6:181(1)).
What can a buyer do if a horse turns out to have a defect?
If the horse does not conform to the contract (Article 7:17 DCC), the buyer must notify the seller within a reasonable time after discovering the defect, or after he reasonably should have discovered it (Article 7:23(1)). He can then claim remedies such as termination, unless the failure, given its special nature or minor importance, does not justify termination (Article 6:265(1)); in a consumer sale, Article 7:22 sets specific conditions. Claims are time-barred two years after the notice (Article 7:23(2)).
Do consumer rules apply when you buy a horse from a dealer?
Yes, if a professional seller sells to a private buyer, it is a consumer sale (Article 7:5(1)(a) DCC). A defect that appears within one year of delivery is then presumed to have existed at delivery, unless the seller proves otherwise or the nature of the horse or the defect is inconsistent with that (Article 7:18a(2)). In a consumer sale, a notice within two months of discovery is in time (Article 7:23(1)). A sale between private persons is not a consumer sale.
Primary sources
- Dutch Civil Code (Burgerlijk Wetboek), Book 3: Articles 3:2a and 3:290
- Dutch Civil Code, Book 6: Articles 6:74, 6:162, 6:179, 6:181, 6:228, 6:265 and 6:267
- Dutch Civil Code, Book 7: Articles 7:5, 7:17, 7:18a, 7:22, 7:23 and 7:401
- Subdistrict court Amsterdam (Rechtbank Amsterdam, kantonrechter) 21 January 2022, ECLI:NL:RBAMS:2022:214
Contact an experienced Dutch equine lawyer
Our equine lawyers in the Netherlands advise and litigate on contract and liability matters involving horses. Get in touch for more information or to arrange a consultation.
Why do our clients choose horse lawyer Puck Hoendervanger? Puck Hoendervanger shares her reasoning with you:
How does our equine lawyer approach your case?
A focus on quick and appropriate solutions, that is the starting point for Puck Hoendervanger in her work. No unnecessary or expensive fuss.
“That’s how I’ve been doing it for years in our equine law firm. Both when giving advice and when initiating and preparing civil proceedings. Especially then. When it comes down to it, I’m there for our clients with every legal solution imaginable. If necessary, I go to extremes to achieve the best result. The interests of the clients always come first for me.”
What does specialist equine knowledge add?
Specialist knowledge only counts when it is applied to your case. What matters is knowing what riders, breeders and entrepreneurs actually face, and translating that into a claim or a defence that holds up.
My legal knowledge of equine law and my extensive experience are not an end in themselves. I use them very specifically in the cases I handle. I know what entrepreneurs, riders and other players in the equestrian world are up against. I know the interests of each individual in the equestrian world and can therefore offer adapt-made solutions.
Non-binding initial consultation from an equine lawyer in the Netherlands
An initial consultation is non-binding. You set out your case in confidence and receive an assessment of your position and the realistic routes forward, before you decide whether to instruct a lawyer.
“How can I help you as a lawyer? I would be happy to discuss this with you in an initial non-binding meeting. You can then tell me about your case in confidence and I can give you my initial reaction. Please feel free to contact me with any questions you may have about equine law.”
