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German Attorney at Law Frank Richter (Solicitor, Lawyer, Advocate) Equine Law

This is the website of Rechtsanwalt Frank Richter, based in Dossenheim, near the world famous romantic town of Heidelberg, 100 km south of Frankfurt, 100 km north of Stuttgart. Even though this website is mainly in German, here you´ll find a short review.

Rechtsanwalt Richter offers legal advice everywhere in Germany if you are in need of a German lawyer. You can find a German-English power of attorney here for download.

His interest in horse riding made him concentrate on this special field. Horse law/Animal law is a cross sectional area consisting of purchase right (horse sales with/without protection contract, accessory purchase), rental law (livery, lease of equestrian premises), liability law (liability of the keeper of an animal), work treaty right (farriery, horse transport), contract of employment right (veterinary surgeon/lawyer adhesion, breeding, ...), industrial law and other legal areas. Here his expertise as a horseman is useful to clients, who may be horse-owners, riders, associations, private stables, veterinary surgeons, in order to represent clients interests fairly. This principle can be transferred easily to all house and utilizable animal issues also.

He also offers advice in case of a road traffic accident, the violation of competition rules, imprint obligations or copyright, gun law, hunting law, and if a capital investment fails to meet its expectations.

Finally, he can assist in issues regarding the following: injury claim disputes, defense against spam, use of trading-name disputes and data protection laws.

You can contact him in English (written, orally) or in French (written).

Rechtsanwalt Frank Richter, Kastanienweg 75a, D-69221 Dossenheim, Germany.
Phone: +49/6221/727-4619, Fax: +49/6221/727-6510,

Animal Trade without Frontiers

A lot of horses, dogs, and other animals are sold to and bought from Germany everyday. When problems occur, questions arise in relation to the relevant legislation and which court is responsible.
Of course everyone would prefer to have their lawsuit carried out in their home country: no travel costs, the court speaks your own language, and it makes finding a lawyer much easier. However, the sequestration has to be conducted where the money is, therefore going abroad is sometimes unavoidable.
A first level court trial in Germany takes at the local court (which is in charge up to 5000 EUR) 7,1 months, at the district court (in charge from 5000 EUR) 13,2 months. The costs would be:
matter - costs (for court, one lawyer each party)
1000 EUR - 900 EUR
5000 EUR - 3000 EUR
10000 EUR - 4700 EUR, here enforcement would be additional 150 EUR.

German law generally offers a free choice of law. The exception proves the rule.
EU-citizens receive some protection from EU rulings. At large an EU-citizen must be sued where they live. One exception would be the jurisdiction of the lieu of shipment.
Without diverting agreement, the following general rules apply. But as always, be aware of possible exceptions. You need a German lawyer if...:
A German buys from a Foreigner in Germany.
Applicable law: German
court having jurisdiction: in general lieu of defendant.

A German buys from a Foreigner abroad.
Applicable law: Foreign
court having jurisdiction: in general lieu of defendant.

A German buys from a German abroad.
Applicable law: German
court having jurisdiction: German.

A Foreigner buys from a German in Germany.
Applicable law: German
court having jurisdiction: in general lieu of defendant.

A Foreigner buys from a German in their own country.
Applicable law: Foreign
court having jurisdiction: in general lieu of defendant.

If the horse is not bought for private use or by auction, the UN sales law (CISG) is also relevant with priority over any national legislation.

If there's a dispute with an insurance company, you can always sue the insurance company in your home court.

In addition I´m active in the field of criminal law, esp. for adolescent persons.

I am also happy to assist you in asylum cases, esp. at the Verwaltungsgericht Karlsruhe, Verwaltungsgericht Neustadt an der Weinstraße or Verwaltungsgericht Darmstadt and in second instance at the Verwaltungsgerichtshof Baden-Württemberg in Mannheim.

More to read:
Animal owner´s liability in the case of dog vs. horse
Hippocheck: A veterinarian may not forget
The liability of the veterinarian in the purchase or sale investigation
§ 477 BGB - The reversal of the burden of proof in favor of the animal buyer
Summary of the rights and regulations relating to the sale and purchase of a horse
How to fight off unsolicited advertising

© Rechtsanwalt und Mediator Frank Richter 2011