The purchase of one or more donkeys
REDHIBITORY DEFECTS (French low)
The redhibitory defects are "hidden defects of the sold thing
which makes it unsuitable to use, or which decreases the use so
much that the purchaser would not have acquired it or if he had
known, bought it for a reduced price" (art.1641 Civil code).
The guarantees provided by the Rural Code (card VI, art 284 to 294)
are only for the sale and the exchange of domestic animals such
as the horse, the mule and the donkey.
For the equine species, the redhibitory defects are 7 (see below)..
You can cancel the sale within 10 days but excluding the delivery
day. You have more time (30 days) if it is a reoccuring inflammation
of the eye or infectious anaemia.
If a delivery date has not been decided on then the cancellation
time becomes effective the following day after the delivery.
Practical advice : when the
defect is detected the owner must ACT QUICKLY. The veterinary surgeon
will confirm the defect and the owner will contact (by registered
letter) the vendor as per the guarantee.
If the parties are not in agreement the President of the Magistrates'
court will be requested to appoint an intermediary. (veterinary).
seller is not responsible of visible defects the buyer may have
"the request for cancellation of a sale on the base of the
procedure resulting from the rural Code can raise difficulties of
implementation by the brevity of the deadlines. This is why, according
to concrete cases', the dissatisfied purchaser will be able, under
certain conditions, to ask for the cancellation of the sale on the
base of the procedures resulting from the Civil code (and in particular
on the base of the guarantee of the hidden defects defined by articles
1641 and following)".
Symptoms to recognise the 7 defects:
INFECTIOUS ANEMIA: Tests to determine the disease must be carried
out by using the criteria laid down by the National Commission Veterinary
Surgeon and thereafter the Ministry of Agriculture will check the
results. Also this disease is contagious and easily passed from
one animal to another.
REOCURRING LAMENESS: irregularity of pace due to a lesion or a
mechanical member disorder.
Diagnosis: the lameness occured prior to the sale. Intermittent
due to the animal being hot or cold.
Observations : - It can be difficult to prove that the lameness
- a radiological xray can be carried out.
- In the case of a stallion this handicap is not important to his
IMMOBILITY: When movement is impaired, this can be due to sensitivity
disorders or a brain injury resulting from poisoness food, senility
or effects from a previous disease.
Diagnosis: it is difficult to test this condition and therefore
rarely done. The animal could show signs of weakness or have no
expression, may be partially paralysed, refuse to trot or move back,
or remain motionless and have an abnormal posture.
Observations: development is slow and progressive. The immobility
cases are often followed by meningo-encephalites.
PERIODIC FLICKERING OF THE EYES: this eye condition occures at
irregular intervals. Each time this occurs the lesions worsen, the
horse or donkey becomes blind in one eye then completly blind.
Diagnosis: waterings, bleary-eyed, sensitivity to the light, hemorrhagic
points, eyes inflamed, pupils distorted.
Observations: the diagnosis is sometimes difficult and often subjective,
certain signs can be due to others diseases like the gourme or the
GRINDING TEETH: this can be habit forming, the animal swallows
air by contracting the neck muscles (kind of aerophagia). Grinding
the teeth can be done freely or against wood, metal or any kind
of support, the animals who grind their teeth, wear their teeth
down a lot quicker due to the friction.
Diagnosis: noise similar to rubbing to rocks together, rocking
movement of the animal, abnormal wear of the teeth.
Observations: one animal will not pass this on to another but nevertheless
it seems contagious. We have observed different kinds of crip biting
which does not only affect the teeth as in particular air crip biting
and support crip biting but also a certain crip biting such as bear
dance, labial crip biting these are not redhibitory defects, but
show signs of nervousness.
PULMONARY EMPHYSEMA: air cells dilatation restricts the automatic
expulsion of the air intake.
Diagnosis: characteristic cough, forced expiration, lung dilation,
irregular movement of the flank.
Observations: the distribution of dry and dusty food (hay) can
be the cause, forced expiration of air from the lungs. This problem
does not impair an animal who leads a quiet life or a stallions
CHRONIC ROARING: malformation of the respiratory system (dilating
muscle paralysis of the larynx).
Diagnosis: inspiration whistle, in particular when the breathing
rhythm accelerates during exercises, larynx blocked involving a
congested breathing prejudicial to work, Laryngoscopie.
Observations: the larynx left side is often the most affected.
The roaring can be due to traumatic, nutritional causes (rachities)
or unhealthy chronic sinusitises, or tumours.