Die Geschichte der Kaufuntersuchung bei Pferden – Teil III: Die Entwicklung der Kaufuntersuchung im 20. Jahrhundert, die Einführung des neuen Kaufrechts zum 01.01.2002 und die Folgen für die Tierärzte und den Pferdekauf
The history of the purchase examination of horses – Part III: The development of the purchase inquiry in the 20th century, the introduction of the new Sales Law on 1 January 2002, and the consequences for veterinarians and the purchase of horses
Gothe A, Gerhards H
DOI: 10.21836/PEM20240305
Jahr: 2024
Volume: 40
Ausgabe: 3
Seiten: 240-244
The legal explosiveness of the purchase examination grew increasingly from the 1970s onwards because of the ambiguous legal situation regarding which examinations correspond to the assessment of veterinary due diligence in order to detect all significant and hidden defects. The liability of the veterinarian was limited to cases of gross negligence and intent. Other claims of the client became time-barred after six months. According to the new Sales Law 2002, it is also not possible for a veterinarian to limit their own liability for faulty purchase examinations. The amount of liability can be reduced by contract with the client to cover the insurance cover. There is evidence that a recommendation to document a purchase inquiry and the subsequent conclusion of a contract in writing can be read at the end of the 18th century. At this time, it was finally called upon to record all the guaranteed characteristics of a horse. In the 1970s, and especially after a closed meeting of veterinarians and lawyers in 1987, due to the unclear legal situation, agreements were made to use standardised examination protocols for the purchase examination and record the result of the examination and basic contractual provisions between the veterinarian and the client. After the introduction of the new Sales Law, the protocols have become increasingly detailed, as they now represent the greatest possible legal protection for the veterinarian.