In Germany alone, around 130,000 cats and 80,000 dogs end up in animal shelters every year. As different as the reasons for this may be, the suffering that is associated with it for affected four-legged friends is just as great. Fortunately, there are always numerous people who want to give one of the four-legged friends from the shelter a new home. When the animal is handed over, it is customary to conclude a so-called protection contract.
In the following, we will explain exactly what that is and what significance such a contract has for the new owner.
Key facts at a glance:
- The protection contract regulates the conditions associated with the mediation of the animal.
- The task of the contract is to protect the mediated four-legged friend.
- Some protection contracts contain clauses that do not stand up in court.
- Anyone who purchases an animal from an animal shelter should seek legal advice in the event of a dispute.
What is a protection contract?
Relevant agreements on handing over the pet are recorded in a protection contract. This includes, among other things, information about the four-legged friend itself and the future owner and an obligation to comply with certain guidelines when handling the animal.
Protection contracts are common not only with animal shelters, but also with animal protection organizations that place animals in need from abroad.
The conclusion of the protection contract and the charging of a fee serve to protect the animal and should ensure that it is placed in a loving home with responsible owners.
There are no formal requirements for protection contracts
In principle, protection contracts can be concluded without adhering to a specific form and do not require notarization. This means that a valid protection contract can in principle also be concluded verbally.
However, in order to avoid misunderstandings and as security for both contracting parties, the written form is recommended.
It’s in the animal welfare contract
The content of an animal welfare contract can vary from organization to organization. In most cases, however, the agreed clauses are quite similar. The current provisions include in particular the obligation to keep and feed the animal as required and to comply with the regulations of animal protection law.
In addition, animal welfare associations usually grant themselves a (usually limited) retention of title. This means that if the contractual agreements are violated, they can demand that the animal be handed over.
In addition, the following clauses are common in protection contracts:
- Compulsory castration before puberty
- Ensuring veterinary care in case of illness
- Prohibition of the sale of the animal against payment or free of charge
- Exclusion of warranty claims against the issuing organization
- Authorization of the animal welfare association to continue to monitor the husbandry conditions in the future
In many cases, protection contracts also provide for the payment of contractual penalties in the event of violations. These are sometimes up to 1,000 euros, which are to be paid to the relevant animal protection association.
Not all clauses in the protection contract are valid
Unfortunately, in connection with the mediation of pets, it is not uncommon for disputes to arise between the animal protection association and the purchaser of the animal. These are usually related to alleged breaches of contract and the associated fines or surrender of the animal.
In practice, however, such clauses often prove to be untenable. Because an animal shelter cannot simply reserve ownership of an animal and at the same time hand it over for a fee.
The situation is similar with control rights, which are an integral part of many protection contracts. In some cases, animal welfare associations even grant themselves the right to unannounced visits, which undoubtedly constitutes a significant encroachment on the personal rights of the new owner.
Animal protection organizations do valuable work
There is no question that animal welfare organizations do extremely valuable work and that the often volunteer workers deserve great respect. Ultimately, however, monitoring compliance with animal welfare is not the responsibility of private associations, but of the responsible authorities.
Animal welfare is paramount
Ultimately, the placement should always focus on the needs of the animal. Accordingly, interested parties should only choose a pet from animal welfare if they can actually guarantee its care.
On the other hand, animal welfare organizations should act moderately when drafting contracts and enforcing their supposed rights. After all, not every owner who lets his four-legged friend stay with his neighbors for a few days is an animal abuser.
Our conclusion on the validity of protection contracts
As you can see, not all clauses contained in an animal welfare contract are necessarily valid. Nevertheless, it can happen again and again that an animal protection association insists on its supposed right and, for example, unjustifiably demands the return of a adopted four-legged friend.
Even if you are firmly convinced that the law is on your side, it often makes sense to involve a lawyer in this case. They can advise you correctly and represent you in court if necessary.