TITLE XII. LOAN CHAPTER 1. LOAN FOR USE (COMMODATUM) Art. 2891. Loan for use; definition The loan for use is a gratuitous contract by which a person, the lender, delivers a nonconsumable thing to another, the borrower, for him to use and return. Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
Art. 2892. Applicability of the rules governing obligations In all matters for which no special provision is made in this Title, the contract of loan for use is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts". Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
Art. 2893. Things that may be lent Any nonconsumable thing that is susceptible of ownership may be the object of a loan for use. Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
Art. 2894. Preservation and limited use The borrower is bound to keep, preserve, and use the thing lent as a prudent administrator. He may use it only according to its nature or as provided in the contract. Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
Art. 2895. Ordinary wear and tear; damage caused by the failure to keep, preserve, or use as a prudent administrator The borrower is not liable for ordinary wear and tear of the thing lent. He is liable for damage to the thing lent caused by his failure to keep, preserve, or use it as a […]
Art. 2896. Use for longer time or in other manner When the borrower uses the thing for a longer time or in a manner other than agreed upon, he is liable for any damage to the thing, even if it is caused by a fortuitous event. Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
Art. 2897. Loss caused by fortuitous event When the thing lent is damaged by a fortuitous event from which the borrower could have protected the thing lent by using a thing of his own or, when being unable to preserve both things, the borrower chose to preserve a thing of his own, he is liable […]
Art. 2898. Valuation of the thing When the contract of loan for use states a value for the thing lent, the borrower bears the risk of loss of the thing, including loss by fortuitous event. Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
Art. 2899. Reimbursement for expenses The borrower may not claim reimbursement from the lender for expenses incurred in the use of the thing. The borrower may claim reimbursement for expenses incurred for the preservation of the thing lent, if the expenses were necessary and urgent. Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
Art. 2900. Liability of joint borrowers When several persons jointly borrow the same thing, they are solidarily liable toward the lender. Acts 2004, No. 743, §1, eff. Jan. 1, 2005.
Art. 2901. Retaking before or after conclusion of use or expiration of time The lender may demand the return of the thing lent after expiration of the term and, in the absence of a term, after conclusion of the use for which the thing was lent. In case of urgent and unforeseen need, the lender […]
Art. 2902. Lender’s liability for damage caused by defects in the thing The lender is liable to the borrower when defects in the thing lent cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower. Acts 2004, No. 743, §1, […]
Art. 2903. Liberative prescription An action of the lender for damages because of alteration or deterioration of the thing lent and an action of the borrower for reimbursement of expenses are subject to a liberative prescription of one year. These prescriptions commence to run from the day of the return of the thing. Acts 2004, […]
