Article 1894 of the French Civil Code
November 7, 2023
Things which, although of the same species, are different, such as animals, cannot be given as a loan for consumption: then it is a loan for use.
Things which, although of the same species, are different, such as animals, cannot be given as a loan for consumption: then it is a loan for use.
The obligation resulting from a loan of money is always only for the sum stated in the contract. If there has been an increase or decrease in cash before the time of payment, the debtor must return the sum lent, and must only return that sum in the cash current at the time of payment.
The rule set out in the previous article does not apply if the loan was made in ingots.
If it is ingots or commodities that have been lent, whatever the increase or decrease in their price, the debtor must always return the same quantity and quality, and must return only that.
In consumer loans, the lender is liable under article 1891 for loans for use.
The lender may not reclaim the things lent before the agreed term.
If no term has been set for restitution, the judge may grant the borrower a period of time depending on the circumstances.
If it was only agreed that the borrower would pay when he could, or when he had the means to do so, the judge will set him a payment term according to the circumstances.
The borrower is obliged to return the things lent, in the same quantity and quality, and at the agreed term.
If he is unable to comply, he is obliged to pay the value having regard to the time and place where the thing was to be returned according to the agreement. If that time and place have not been settled, payment is made at the price of the time and place where the loan was made.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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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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