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EU cross-border template (choice of law under Rome I)
Template for sales between private individuals, also across borders within the EU · applicable law chosen under the Rome I Regulation
Seller
Full name · Date of birth · Street and number · Postcode and town · Country of habitual residence · Phone · Email
Buyer
Full name · Date of birth · Street and number · Postcode and town · Country of habitual residence · Phone · Email
Both parties confirm that they are of full age and have full legal capacity, and that the address given is the place where they habitually live. This matters for the applicable law and the competent courts. Anyone signing on behalf of another person states this next to their signature.
The seller sells to the buyer the following horse:
Name of the horse · Unique life number (UELN) · Transponder (microchip) number · Breed · Year of birth · Sex · Colour and markings · Height (cm)
The seller confirms that they own the horse and are free to sell it. The horse is free of rights of third parties, such as liens or other security rights, unpaid livery or stud fees, loans or share arrangements, unless these are listed in clause 6.
Purchase price in figures (with currency) · Purchase price in words · Deposit due on signing · Balance due by · Method of payment and seller’s account (IBAN)
The deposit is due on signing. The balance is due on the date entered above, and at the latest at handover. A payment counts as made on the day the amount is credited to the seller’s account. Each party bears its own bank charges.
If the buyer does not pay the balance on time, the seller may set a reasonable final deadline in writing. If that deadline also passes without payment, the seller may withdraw from the contract by written notice. The seller then refunds the deposit, less any loss the seller can prove, for example extra livery costs.
Handover on · Place of handover · Transport arranged and paid by
From the passing of risk, the buyer bears all costs of keeping the horse, such as livery, feed, farrier and veterinary care, and is responsible for it as its keeper. This includes the liability that the law of the country where the horse is kept imposes on keepers of animals. The buyer should take out third-party liability insurance for the horse before handover.
Whoever arranges transport makes sure that it complies with the EU rules on the protection of animals during transport (Regulation (EC) No 1/2005). A transporter working commercially must hold the authorisation required by that Regulation.
If the horse is moved to another EU Member State, it must as a rule be accompanied by an animal health certificate issued by the official veterinarian at the place of dispatch, usually through the EU system TRACES (Article 143 of Regulation (EU) 2016/429). Exemptions for registered horses apply only where both countries have agreed them (Article 69 of Delegated Regulation (EU) 2020/688). The party arranging transport applies for the certificate in good time; the seller makes the horse and its passport available for the examination.
Ownership of the horse passes to the buyer only when the purchase price has been paid in full (retention of title). Until then the buyer keeps the horse on the seller’s behalf and may not sell it, give it away or pledge it.
Whether and how a retention of title takes effect against third parties depends on the law of the country where the horse is located. If the horse is taken to another country before full payment, the seller may lose this protection there. The safest course is full payment before handover.
Agreed condition: training, intended use, other agreed characteristics · Defects, illnesses, operations and behavioural issues known to the seller
What is entered under “agreed condition” forms part of the contract. Beyond that, the seller does not promise that the horse is fit for any particular purpose or will be successful in sport or breeding. A horse is a living animal: its health, behaviour and performance can change after handover without anyone being at fault.
The seller confirms that they have not withheld anything they know that may matter for the buyer’s decision, in particular operations, lameness, colic, chronic conditions, medication in the last twelve months, competition bans and stable vices such as weaving, crib-biting or rearing. What is entered under “known defects” is known to the buyer; the seller is not liable for it.
The buyer has had the opportunity to see the horse, to ride it or have it ridden, and to find out about its condition.
Examination: date, veterinarian, scope (e.g. clinical, X-rays)
The buyer pays for the examination. If no box is ticked, the buyer is treated as having decided against an examination.
Some national laws have special and sometimes very short time limits for defects in animals. A buyer who discovers a defect should therefore notify the seller in writing straight away and secure evidence, such as a veterinary report.
Documents and equipment handed over
At handover the seller gives the buyer the original equine passport (the single lifetime identification document). EU law requires the horse to be accompanied by its passport and the passport to be handed over to the new owner when ownership changes (Article 66 of Delegated Regulation (EU) 2019/2035; Article 29(4) of Implementing Regulation (EU) 2021/963). Until full payment the seller may keep any separate certificate of ownership.
The buyer registers the horse at the place where it is kept with the competent authority within the period set there (at most seven days under Article 9 of Implementing Regulation (EU) 2021/963). Where the law of that country requires the owner to be recorded in the passport or in the database, the buyer also has the change of owner recorded by the issuing body or authority. The seller signs any declaration needed for this.
This contract is governed by (tick one):
Other law chosen: law of (country)
The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply (Article 6 CISG). It does not usually cover purchases for private use anyway (Article 2(a) CISG); the exclusion is a precaution.
The courts of the country whose law applies under this clause have jurisdiction over disputes arising from this contract (Article 25 of Regulation (EU) No 1215/2012, Brussels Ia). This jurisdiction is not exclusive: the courts competent under the general rules, in particular those where the defendant is domiciled, remain competent as well.
Questions of ownership, such as the effect of the retention of title (clause 5), are governed by the law of the country where the horse is located, whichever law the parties choose.
If the seller is a trader and the buyer a consumer, the buyer keeps the protection of the mandatory consumer law of their own country, may sue in the courts of that country and can only be sued there, under the conditions of Article 6 Rome I and Articles 17 to 19 Brussels Ia.
There are no oral side agreements. Changes and additions must be agreed in writing; an exchange of emails is sufficient.
If any provision is or becomes invalid, the rest of the contract remains valid. The parties will replace the invalid provision with a valid one that comes as close as possible to what they intended.
This contract is drawn up in English. If the parties also sign a translation, the English text prevails.
Each party receives one signed copy.
Legal notice: This template is provided free of charge by Equidara as general guidance. It is not a model under the law of any single country and does not replace individual legal advice. Check that the law chosen in the contract suits your case. For horses or items worth more than €20,000, significant findings in the pre-purchase examination, sales by traders, or if you are unsure which law to choose, we recommend having the specific contract reviewed by a lawyer. Equidara is not a party to this contract.
Template for private sales of a saddle, with shipping and trial if agreed · also across borders within the EU
Seller
Full name · Date of birth · Street and number · Postcode and town · Country of habitual residence · Phone · Email
Buyer
Full name · Date of birth · Street and number · Postcode and town · Country of habitual residence · Phone · Email
Both parties confirm that they are of full age and have full legal capacity, and that the address given is the place where they habitually live. This matters for the applicable law and the competent courts. Anyone signing on behalf of another person states this next to their signature.
The seller sells to the buyer the following saddle:
Brand · Model · Type (dressage, jumping, general purpose, western …) · Seat size · Tree width · Year of manufacture · Serial number · Accessories included (girth, stirrup leathers, cover …)
The seller confirms that they own the saddle and the accessories listed and that no rights of third parties exist in them.
Condition, known damage and repairs
The saddle is used. The buyer has inspected it or has chosen not to. Whether a saddle fits a particular horse depends on the horse and is not a characteristic of the saddle; fitting by a qualified saddle fitter is recommended.
Purchase price in figures (with currency) · Purchase price in words · Method of payment and seller’s account (IBAN)
A payment counts as made on the day the amount is credited to the seller’s account. The saddle remains the seller’s property until the price has been paid in full.
Shipping: carrier, insurance, packaging, who pays
Unless agreed otherwise, the seller packs the saddle securely and ships it insured and with tracking.
If the seller is a trader and the buyer a consumer, risk passes only when the buyer receives the saddle, unless the buyer chose the carrier and the seller did not offer that option (Article 20 of Directive 2011/83/EU).
Trial period in days
During a trial the saddle may only be used dry and on a saddle pad, not for jumping and not out hacking in wet conditions. The buyer pays for return shipping and bears the risk of the saddle being lost or damaged on the way back.
This contract is governed by (tick one):
Other law chosen: law of (country)
The UN Convention on Contracts for the International Sale of Goods (CISG) does not apply (Article 6 CISG). It does not usually cover purchases for private use anyway (Article 2(a) CISG); the exclusion is a precaution.
The courts of the country whose law applies under this clause have jurisdiction over disputes arising from this contract (Article 25 of Regulation (EU) No 1215/2012, Brussels Ia). This jurisdiction is not exclusive: the courts competent under the general rules, in particular those where the defendant is domiciled, remain competent as well.
Questions of ownership, such as the effect of the retention of title (clause 4), are governed by the law of the country where the saddle is located, whichever law the parties choose.
If the seller is a trader and the buyer a consumer, the buyer keeps the protection of the mandatory consumer law of their own country, may sue in the courts of that country and can only be sued there, under the conditions of Article 6 Rome I and Articles 17 to 19 Brussels Ia.
There are no oral side agreements. Changes and additions must be agreed in writing; an exchange of emails is sufficient.
If any provision is or becomes invalid, the rest of the contract remains valid. The parties will replace the invalid provision with a valid one that comes as close as possible to what they intended.
This contract is drawn up in English. If the parties also sign a translation, the English text prevails.
Each party receives one signed copy.
Legal notice: This template is provided free of charge by Equidara as general guidance. It is not a model under the law of any single country and does not replace individual legal advice. Check that the law chosen in the contract suits your case. For horses or items worth more than €20,000, significant findings in the pre-purchase examination, sales by traders, or if you are unsure which law to choose, we recommend having the specific contract reviewed by a lawyer. Equidara is not a party to this contract.
Hand a horse over for use free of charge, ownership stays with the owner · template for private individuals, also across borders within the EU
Owner
Full name · Date of birth · Street and number · Postcode and town · Country of habitual residence · Phone · Email
Borrower
Full name · Date of birth · Street and number · Postcode and town · Country of habitual residence · Phone · Email
Both parties confirm that they are of full age and have full legal capacity, and that the address given is the place where they habitually live. This matters for the applicable law and the competent courts. Anyone signing on behalf of another person states this next to their signature.
The owner lends the borrower the following horse:
Name of the horse · Unique life number (UELN) · Transponder (microchip) number · Breed · Year of birth · Sex · Colour and markings · Height (cm) · Known illnesses, limitations and quirks
The owner confirms that no further health problems or behavioural issues are known to them. If the owner knowingly conceals a defect, they are liable for the resulting damage.
The owner hands the horse over to the borrower for use free of charge (loan for use). If the borrower is to pay for the use, the contract is a hire rather than a loan, and this template does not fit.
Ownership stays with the owner. The borrower may not sell, give away, pledge or lend the horse, and may not have themselves recorded as its owner anywhere. Any certificate of ownership stays with the owner.
Handover on · Place of handover · Equipment handed over
Where the horse is kept (yard, address, country)
The borrower tells the owner before moving the horse to another yard. Taking the horse to another country requires the owner’s prior written consent.
The following applies (tick all that apply):
Further agreed use and restrictions
The passport stays with the horse, as EU law requires (Article 66 of Delegated Regulation (EU) 2019/2035). From handover the borrower is responsible for the horse as its operator under EU animal health law (Article 4(24) of Regulation (EU) 2016/429). In passport matters the borrower acts on behalf of and in agreement with the owner (Article 3(1) of Implementing Regulation (EU) 2021/963).
The borrower registers the horse at the place where it is kept with the competent authority within the period set there (at most seven days under Article 9 of Implementing Regulation (EU) 2021/963). If the horse is moved to another Member State with the owner’s consent, an animal health certificate is usually needed (Article 143 of Regulation (EU) 2016/429); the borrower arranges and pays for it unless agreed otherwise. Whoever arranges transport makes sure that it complies with the EU rules on the protection of animals during transport (Regulation (EC) No 1/2005). A transporter working commercially must hold the authorisation required by that Regulation.
From handover the borrower bears the ordinary costs of keeping the horse: livery, feed, farrier and routine care.
Amount per case · How such costs are shared
In an emergency the borrower calls a veterinarian immediately and informs the owner without delay. The horse is only put down after consulting the owner, unless a veterinarian considers it immediately necessary to spare the horse suffering and the owner cannot be reached in time.
Liability insurance: insurer and policy number
Liability for damage caused by the horse is governed by the law of the country where the damage occurs (Article 4 of Regulation (EC) No 864/2007, Rome II). National laws differ on whether the owner, the user or both are liable as keepers. Before handover the parties therefore ask the insurer whether both of them are covered.
The borrower is liable for damage to the horse caused intentionally or negligently. Changes caused by age or by use in line with this agreement are not the borrower’s responsibility.
The borrower informs the owner without delay of serious illness, accidents, a change of yard and the death of the horse. The owner may visit the horse by arrangement.
Fixed term until · Notice period (weeks)
Either party may end the loan without notice for good cause, in particular if the horse is neglected, used contrary to this agreement or passed on without consent.
At the end of the loan the borrower returns the horse with its passport and the equipment handed over, at the following place:
Place of return
This contract is governed by (tick one):
Other law chosen: law of (country)
The courts of the country whose law applies under this clause have jurisdiction over disputes arising from this contract (Article 25 of Regulation (EU) No 1215/2012, Brussels Ia). This jurisdiction is not exclusive: the courts competent under the general rules, in particular those where the defendant is domiciled, remain competent as well.
There are no oral side agreements. Changes and additions must be agreed in writing; an exchange of emails is sufficient.
If any provision is or becomes invalid, the rest of the contract remains valid. The parties will replace the invalid provision with a valid one that comes as close as possible to what they intended.
This contract is drawn up in English. If the parties also sign a translation, the English text prevails.
Each party receives one signed copy.
Legal notice: This template is provided free of charge by Equidara as general guidance. It is not a model under the law of any single country and does not replace individual legal advice. Check that the law chosen in the contract suits your case. For horses or items worth more than €20,000, significant findings in the pre-purchase examination, sales by traders, or if you are unsure which law to choose, we recommend having the specific contract reviewed by a lawyer. Equidara is not a party to this contract.
Give a horse away with conditions against resale and slaughter · template for private individuals, also across borders within the EU
Donor
Full name · Date of birth · Street and number · Postcode and town · Country of habitual residence · Phone · Email
Recipient
Full name · Date of birth · Street and number · Postcode and town · Country of habitual residence · Phone · Email
Both parties confirm that they are of full age and have full legal capacity, and that the address given is the place where they habitually live. This matters for the applicable law and the competent courts. Anyone signing on behalf of another person states this next to their signature.
Name of the horse · Unique life number (UELN) · Transponder (microchip) number · Breed · Year of birth · Sex · Colour and markings · Height (cm) · Known illnesses, limitations and quirks
The illnesses, limitations and quirks entered above are known to the recipient.
The donor gives the recipient the horse described in clause 2, and the recipient accepts it. No payment or other consideration is agreed. If money is paid for the horse, even as a “protection fee”, the contract may be treated as a sale; the purchase agreement is then the better template.
Handover on · Place of handover · Documents and equipment handed over
Ownership passes to the recipient at handover. The donor hands over the original passport with the horse (Article 29(4) of Implementing Regulation (EU) 2021/963).
In several countries a promise to give something in the future is only valid if made before a notary, while a gift completed by handing the item over needs no special form (for example in Germany and Austria). The horse should therefore be handed over when this agreement is signed or shortly afterwards. If handover is to take place later, the parties should check which form the applicable law requires.
The horse is given free of charge. To the extent the applicable law allows, the donor is therefore only liable for intent and gross negligence, and for defects of the horse only if the donor knew of them and concealed them, or gave an express guarantee.
The recipient accepts the following conditions as obligations attached to the gift (tick all that apply):
Permitted use and restrictions
If the recipient breaches a condition under clause 5, the donor may revoke the gift and demand the horse back, together with its passport.
Contractual penalty (amount and currency)
Both parties know the limits of these conditions: they bind the recipient, not third parties. If the recipient sells the horse in breach of them, the buyer will generally keep it, in particular if they acted in good faith. The donor’s claims for return, damages or the penalty are then against the recipient. Only the passport entry against slaughter also binds later owners.
Statutory rights to revoke a gift under the applicable law, for example for serious ingratitude, remain unaffected.
From handover the recipient bears all costs of the horse, such as livery, feed, farrier and veterinary care, and takes out third-party liability insurance for it.
The recipient registers the horse at the place where it is kept with the competent authority within the period set there (at most seven days under Article 9 of Implementing Regulation (EU) 2021/963) and has the change of owner recorded where the law of that country requires it. If the horse is moved to another Member State, an animal health certificate is usually needed (Article 143 of Regulation (EU) 2016/429); the recipient arranges it unless agreed otherwise. Whoever arranges transport makes sure that it complies with the EU rules on the protection of animals during transport (Regulation (EC) No 1/2005). A transporter working commercially must hold the authorisation required by that Regulation.
This contract is governed by (tick one):
Other law chosen: law of (country)
The courts of the country whose law applies under this clause have jurisdiction over disputes arising from this contract (Article 25 of Regulation (EU) No 1215/2012, Brussels Ia). This jurisdiction is not exclusive: the courts competent under the general rules, in particular those where the defendant is domiciled, remain competent as well.
Questions of ownership, such as when ownership passes, are governed by the law of the country where the horse is located at that time, whichever law the parties choose.
There are no oral side agreements. Changes and additions must be agreed in writing; an exchange of emails is sufficient.
If any provision is or becomes invalid, the rest of the contract remains valid. The parties will replace the invalid provision with a valid one that comes as close as possible to what they intended.
This contract is drawn up in English. If the parties also sign a translation, the English text prevails.
Each party receives one signed copy.
Legal notice: This template is provided free of charge by Equidara as general guidance. It is not a model under the law of any single country and does not replace individual legal advice. Check that the law chosen in the contract suits your case. For horses or items worth more than €20,000, significant findings in the pre-purchase examination, sales by traders, or if you are unsure which law to choose, we recommend having the specific contract reviewed by a lawyer. Equidara is not a party to this contract.