Stan prawny wad głównych zwierząt w aktach normatywnych Francji, Belgii i Luksemburga
Legal status of major animal defects in normative acts of France, Belgium and Luxembourg

Summary/Abstract: Animal sales have always carried an element of contractual risk, related to i.e., the occurrence of various types of physical defects and diseases which reduce the value of the animal sold, and disturb the equivalence of the contract. Various normative solutions to this problem have been and are adopted in different national legal systems in Europe. The aim of the work is to determine what is the current state of legal regulation of responsibility for physical defects of animals in the legal orders of France, Belgium and Luxembourg, their historical origin, as well as to provide veterinary identification of the terminology used in discussed legal acts. It was found that all three examined legal systems show far-reaching similarities in the normative solutions of the warranty for physical defects of animals. It has been revealed that the basis for this situation is the common historical heritage – the traditions of Germanic laws (the so-called German warranty model), and the Napoleonic Code. In the current study, diseases and para-diseases treated as legally relevant are determined. Additional criteria, buyer’s acts of diligence, and temporal rules are demonstrated. The crucial role of veterinary experts is pointed out.

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