French Civil CodeIn force
Section 1: The nature of a loan for use.
Article 1878
Anything that is in commerce, and not consumed by use, may be the subject of this convention.
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Showing 2551–2560 of 66453 articles for “Art. Cass. 1ère civ. 19-9-2007 n° 06-15.295 and Cass. civ. 3-10-2019 n° 18-22.945 F-D”
Anything that is in commerce, and not consumed by use, may be the subject of this convention.
The borrower cannot retain the thing by way of set-off against what the lender owes him.
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 lender may not reclaim the things lent before the agreed term.
…en 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.
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.
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 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…
…whatever the increase or decrease in their price, the debtor must always return the same quantity and quality, and must return only that.
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