Chapter Second: Obligations of the Borrower

Article 729

Article 729 - A loan for use or commodate is a contract by which one person (lender) undertakes to deliver a thing to another person (borrower) to use it for a time, or for a determined use, on the condition that he returns the thing loaned itself. \tIn commodate, the lender retains the ownership and legal possession of the loaned things; the borrower has only the possession and use thereof.

Article 730

Art. 730 - The loan for use is essentially gratuitous.

Article 731

Art. 731 - The loan for use may have as its object immovable property as well as movable property.

Article 732

Art. 732 - The loan for use is perfected by the consent of the parties and by the delivery of the thing to the borrower.

Article 733

Art. 733 - To lend a thing by commodatum, one must have the capacity to dispose of it gratuitously. Guardians, curators, and administrators of another's property may not lend for use the things they are entrusted to administer.

Article 734

Article 734 - The borrower is bound to take care with diligence in the preservation of the loaned thing. \tHe cannot, unless urgent necessity, entrust its custody to another person. \tIf he violates the preceding disposition, he is liable not only for the fault of that person, but also for force majeure.

Article 735

Art. 735 - The borrower may only use the borrowed thing in the manner and to the extent provided for by the contract or by custom.

Article 736

Art. 746 - The borrower may use the thing himself, lend it, or gratuitously assign its use to another, unless the loan was made in consideration of his person, or for a specifically determined use excluding such allocation.

Article 737

Art. 737 - The borrower may not lease, pledge, or dispose of the lent item without the lender's permission.

Article 738

Art. 738 - The borrower shall bear: 1 - the ordinary maintenance costs of the lent thing; 2 - those necessary for the use of the thing.

Article 739

Art. 739 - Those who have jointly borrowed the same thing are solidarily responsible for it.

Article 740

Art. 740 - The borrower must return, upon the expiration of the agreed-upon time, the very same thing that they received, and, in addition, all its accessories and increments since the loan.

Article 741

Article 741 - If the loan was made without determination of duration, the borrower must restore the thing after having used it, according to the agreed destination or according to use. \tWhen the destination of the loaned thing has not been determined, the lender may, save contrary usage, reclaim it at any time.

Article 742

Art. 742 - The lender may demand restitution, even before the expiration of the agreed time or use: 1 - if he himself has an unforeseen and urgent need for the thing; 2 - if the borrower abuses it, or makes a use of it that is different from that provided for in the contract; 3 - if he neglects to provide the thing with the necessary care.

Article 743

Art. 743 - When the borrower has transferred the use of the thing or has otherwise disposed of it in favor of another person, the lender has the same direct action against this person as he would have had against the borrower.

Article 744

Art. 744 - Unless otherwise stipulated, the borrower must return the thing in the place where it was delivered to him.

Article 745

Article 745 - The costs of reception and restitution of the loan are at the charge of the borrower.

Article 746

The borrower is not liable for the loss or deterioration of the thing loaned if they result from the borrower using it in an ordinary manner in accordance with the agreement made between the parties. If the lender claims that the borrower misused it, the lender must prove such misuse.

Article 747

Art. 747 - The borrower is liable for the deterioration and loss of the lent item that occurs due to force majeure: 1 - if they misuse the lent item; 2 - if they use it for a purpose different from that determined by its nature or by the agreement; 3 - if they are in default of returning it; 4 - if they have neglected the necessary precautions for the conservation of the item or if they dispose of the item in favor of a third party without the lender's permission, when the loan was made in consideration of the person.

Article 748

Article 748 - Any stipulation that would place at the charge of the borrower cases of force majeure other than those provided in the preceding article is null. \tAlso null is the stipulation by which the borrower would be exonerated in advance of his fault or negligence.

Article 749

Art. 749 - The borrower has a claim for damages against the lender: 1) when he has incurred urgent expenses for the preservation of the thing; 2) when the lent thing had defects such that a prejudice resulted for the one using it.

Article 750

Article 750 - However, the lender is not responsible: \t1) When he was ignorant of the cause of eviction or the hidden defects of the thing; \t2) when the defects or risks were so apparent that the borrower could have easily known them; \t3) when he warned the borrower of the existence of these defects or dangers, or of the risks of eviction; \t4) when the damage was caused exclusively by the fault or negligence of the borrower.

Article 751

Art. 751 - The borrower has a right of retention over the thing in order to obtain from the lender the indemnities to which he is entitled.

Article 752

Art. 752 - The loan for use is terminated by the death of the borrower, but the obligations resulting therefrom are transmitted to his heirs.

Article 753

Art. 753 - The actions of the lender against the borrower, and of the latter against the former, arising from articles 734, 735, and 737, are subject to a six-month prescription period. This time limit begins, for the lender, from the day on which the item was returned to him, and for the borrower from the day on which the contract came to an end.