There are two kinds of loan: That of things which can be used without destroying them; And that of things which are consumed by the use made of them. The first kind is called “loan for use”. The second is called “loan for consumption”, or simply “loan”.
A loan for use is a contract by which one of the parties delivers a thing to the other for use, with the onus on the taker to return it after use.
The lender remains the owner of the thing lent.
Anything that is in commerce, and not consumed by use, may be the subject of this convention.
The commitments which are formed by a loan for use pass to the heirs of the one who lends, and to the heirs of the one who borrows. But if one has lent only in consideration of the borrower, and to him personally, then his heirs cannot continue to enjoy the thing lent.
The borrower is obliged to take reasonable care of the custody and preservation of the thing lent. He may only use it for the purpose determined by its nature or by the agreement; all on pain of damages, if any.
If the borrower uses the thing for another purpose, or for a longer time than he ought, he shall be liable for the loss that has occurred, even by fortuitous event.
If the thing lent perishes by a fortuitous event which the borrower could have secured by using his own, or if, being able to keep only one of the two, he preferred his own, he is liable for the loss of the other.
If the thing has been valued by lending it, the loss which occurs, even by fortuitous event, is for the borrower, if there is no agreement to the contrary.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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