Book III: Different ways of acquiring property

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.

If the thing deteriorates by the mere effect of the use for which it was borrowed, and without any fault on the part of the borrower, he shall not be liable for the deterioration.

The borrower cannot retain the thing by way of set-off against what the lender owes him.