Article 1886 of the French Civil Code
November 7, 2023
If, in order to use the thing, the borrower has made some expenditure, he cannot repeat it.
If, in order to use the thing, the borrower has made some expenditure, he cannot repeat it.
If several have jointly borrowed the same thing, they are jointly and severally liable to the lender.
The lender may only withdraw the thing lent after the agreed term or, in the absence of an agreement, after it has served the purpose for which it was borrowed.
Nevertheless, if, during this period, or before the borrower’s need has ceased, the lender has a pressing and unforeseen need for his thing, the judge may, depending on the circumstances, oblige the borrower to return it to him. .
If, during the term of the loan, the borrower has been obliged, for the preservation of the item, to incur any extraordinary, necessary, and so urgent expenditure that he was unable to notify the lender, the lender shall be obliged to reimburse him. .
Where the thing lent has defects such that it may cause harm to the person using it the lender is liable, if he knew of the defects and did not warn the borrower.
A consumer loan is a contract by which one of the parties delivers to the other a certain quantity of things that are consumed by use, on the obligation of the latter to return as many of the same kind and quality.
By the effect of this loan, the borrower becomes the owner of the thing lent; and it is for him that it perishes, in whatever way this loss occurs.
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.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
