Owner or holder?
The owner of a dog is the person with whom the animal lives on a daily basis and whose name appears on the animal's identification card issued by the I-CAD, the national file of identification of domestic carnivores.
If, in fact, the owner of a dog is often also its legal owner, this is not always the case! Indeed, the legal owner of a dog is the person whose name appears on the certificate of sale or transfer of the animal. It therefore happens that the legal owner of the animal and its holder are two very different people!
It is therefore the certificate of sale or transfer (or the adoption contract/certificate in the case of a transfer by an animal protection association) to which we refer to determine who is the legal owner of the dog. This can be useful for:
- decide on the custody of the dog in the event of divorce or separation,
- certify possession of the dog in the event of theft or appropriation of the animal by third parties.
On the other hand, it is the animal's identification card that is authentic to determine who is its holder. It is this person who is civilly responsible for any damage caused by a dog, and not its legal owner, if these two people are different!
What are the formalities to be completed to change a dog owner?
You will therefore have understood, to transfer the ownership of a dog from one person to another, it is therefore necessary to establish a certificate of transfer.This certificate is also valid whether the dog is transferred free of charge or for a fee to its new owner. Of course, a transfer certificate can only be established by the legal owner of the animal: you can't sell or give away what you don't own!
To be legally admissible, this document must at least contain:
- the animal's identification number and its European passport if it has one,
- the name and contact details of the former owner and the new one,
- the date of the deed of sale or donation of the animal,
- the characteristics of the animal given or sold: its species, its date and place of birth, its sex, its racial appearance and/or its possible registration with the L.O.F, as well as the mention of its possible sterilization,
- the selling price including VAT and the possible method of payment,
- the signature of both parties,
- the state of he alth of the animal on the day of its examination by the veterinarian preceding its sale.
This transfer certificate must be accompanied by a veterinary certificate, now mandatory for any expensive or free dog transfer and the dog's birth certificate (or pedigree if the dog is confirmed) if the dog is registered at LOF.
Note carefully!
- Other documents and formalities are necessary when you want to sell a dog: obtaining a SIRET number and issuing an information document on the characteristics and needs of the animal and the animal identification card.
- The sale or donation of a category 1 dog is strictly prohibited in France.
If the new owner also intends to become the owner of the dog, it will also be necessary to take the steps to change the name on the dog's identification card with the I-CAD. It is generally up to the assignor to take these steps.