The irretrievable flaw 

 

There are 6 illnesses (serious illnesses) considered among the dog as irretrievable flaw. 


The farming code has them defines as the following : 
- The illness of Square, 
- The parvovirose, 
- The infectious hepatitis or hepatitis of Rubarth, 
- Testes non taken down for the dogs of more than 6 months, 
- The coxo-femoral dysplasie (of the hip), 
- The atrophy of the retina. 


The law of June 22, 1989 serves to protect the purchaser of a dog opposite these illnesses and the seller is held of by this law to sell unscathed puppies of these, except if a contract has been signed between the two parts. 


For the first three quoted illnesses, that are infectious illnesses of the dog, the demand of sale annulment is only possible in presence of the following conditions : 
- A certificate of suspicion must be given out by a veterinarian, 
- The broadcast must intervene on time definite for every illness by decree in advice of state (you must find an excerpt of the decree inevitably n° 90-572 of June 28, 1990 to the back of your sale contract), 
- The demand of sale annulment must be led owing a district court on time fixed in advice of state (that you will also find to the back of your sale contract). 


If a puppy bought present, on time legal fixed by the law and specific to every illness, of the signs of one of these illnesses, the purchaser can sue an action in order to get the complete repayment of the puppy. 


The action in justice must get used as quickly as possible at the district court of the place of residence of the animal or the owner. The judge is going to name an expert who will reexamine the file and will raise a minutes. The business will be judged then if there is not okay amicable possible between the two parts. 


If the puppy comes to die, the seller is not held of guarantee that if the purchaser carried complaint on time legal and if he can prove that the death of the puppy is well due to one illnesses concerned by law. 


In order to avoid these problems, for you as for the puppy that you are going to acquire, don't forget to verify that the breeder made the first vaccines well (since the age of 8 weeks) and the recalls if to buy it to you older. In practice, a visit at a veterinarian a few days after the acquirement of a puppy are important in order to make verify his state of health and the possible presence of one of this irretrievable flaw and therefore the writing of a suspicion certificate by the veterinarian.

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