What is the contract de Lending?
An contract consisting of a loan de use, in which one of the parties leaves the other the use of some thing non-consumable, with the only condition to be returned in the tiempo agreed.
What are the characteristics of contract de Lending?
Among the characteristics of this type of contracts are the following:
- El legislator establishes that this loan is essentially Free.
- The provider retains the your property from the thing borrowed.
- Everything that is in the trade and is not consumed by the use, may be the subject of this agreement.
- The commitments resulting from the lending They are transmitted to the heirs of the lender and to those who received the loan. loan. But if it had not been borrowed but in consideration, and personally to the one who takes the loan, his heirs cannot continue enjoying the thing borrowed.
Which goods can be object de Lending?
La thing borrowed must be returned in its essence, without deterioration. For this reason reason, things that are consumed by being used, or with the tiempo, they can not be object a lending, but of a loan, since, although they can be returned as a species, they cannot be returned in their same form. identity.
Are there differences between the comforter and the borrower?
Loaner: is the one who lends to another for free thing furnishing or property not expendable so that he can make use of it by the way tiempo and the use for which it is intended, and then return it to him thing.
Borrower: is the person awarded by the thing what do you know delivery en lending by comforter. Since receiving the thing is obliged to satisfy the spending ordinary ones that are necessary for the use and conservation of the thing borrowed.
The essential difference arises with the pérdida from the thing borrowed, even if it is by /// fortuitous, will involve the responsibility of the borrower Whenever any of these conditions occur circumstances: that the borrower will allocate the thing a use different from the agreed one; that the recipient kept the thing at their power for more tiempo of the agreed; that the thing lent would have been delivered with appraisal of its value.
What legal obligation have the borrower to the thing borrowed?
It is obliged to watch, as a good father de family, in the guard and conservation of the thing borrowed. He can only make use of it use determined by its nature or by the agreement; all this under penalty de damages, if applicable.
Does a legal obligation of the comforter to the thing borrowed?
These obligations They are eventual and arise after the celebration of the contract. For this reason reason, it is often said that this contract It is one of those considered as "imperfect synallagmatic", because during the execution of the contract, will be generated obligations for that part which initially had no type de legal obligation.
Do you have any benefit el Borrower?
If he borrower enjoy the right de retention, that is, it can retain the thing given in loan if it is that comforter does not comply with the obligations that arise during the contract. You will not have this right if it is that comforter has constituted a Warranty regarding compensation.
En Santo Domingo, Dominican Republic we have the team of lawyers more complete and effective to advise you on issues of Procedure Civil law y Law School Common Equipment. To who Carlos Felipe Law Firm SRL. We evaluate your /// free of charge and without commitment Call us at 829 256 6865 or write to us at info@fc-abogados.com, You can also chat with us here if you wish.
