Where law meets the horse world

Trust is the foundation of many agreements in the equine industry, but that trust is not always enduring. Unforeseen circumstances — illness, death, or bankruptcy — can suddenly sever the bond of trust with your original contracting party. The person with whom you had that relationship is then replaced by a third party (such as an heir, trustee, or liquidator) with whom that same bond of trust does not exist. That is why it is important to enter into written agreements even with people you trust.

Not necessarily. Verbal agreements, emails, messages, and witness statements can have legal weight, but the burden of proof is much higher.

That is the first question that arises in the event of an impending or existing dispute. The applicable law depends on the contract or on European or international rules. These rules also determine where you can file a lawsuit and what protections you’re entitled to.

Yes. In principle, the statute of limitation for claims between businesses is ten years, but for claims against a private consumer it is just one year from the invoice’s due date. Many professionals in the equine sector only discover this short statute of limitations when it is too late. However, the statute of limitations can be interrupted, for example, by sending a registered notice of default or by initiating legal proceedings.

If your debtor is located in another EU member state, there are European instruments, such as the European order for payment procedure, that significantly facilitate debt collection, and a Belgian judgment can, in principle, be enforced directly in that member state. Outside the EU, the situation becomes more complex: it must be determined whether bilateral treaties exist, and a recognition procedure in the relevant country is generally required. For this reason, it is recommended to always include a choice of law and forum clause in international contracts, designating the Belgian courts and Belgian law.

Yes, in urgent cases, you can ask the attachment judge to preventively freeze the debtor’s assets even before a judgment is issued. This can, for example, result in a preventive attachment of horses, which may then no longer be sold, provided that you demonstrate that your claim is certain, established, and due, and that there is a real risk that the assets will disappear. Often, a preventive attachment is sufficient to prompt the debtor to pay voluntarily.

Co-ownership without a written agreement or with ambiguous documentation is legally uncertain territory. Without clear agreements, it is often impossible to determine who owns what share, who decides on sales, care, or participation in competitions, and who bears what portion of the costs and proceeds. As soon as the co-owners disagree, these questions often all arise at once. We draft co-ownership agreements that set forth your share, your rights, and the procedure to follow in the event of a dispute in advance, so that you are not dependent on the goodwill of the other party.

In principle, you retain ownership during consignment, but the reality is more complex, especially in an international context. Issues regarding liability for damage or death, retention of title in the event of the consignee’s bankruptcy, and the authority to sell must be addressed contractually. Additionally, you must verify whether certain formalities need to be fulfilled in the country where the consignment takes place to secure your ownership rights.

The risk is more limited when your ownership can be clearly proven. Furthermore, in the event of the other party’s bankruptcy, there is a short deadline to reclaim your horse: if you do not file a claim with the trustee in a timely manner, your right expires. A clear agreement, even for Belgian transactions, therefore remains essential.