Louisiana Civil Code

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TITLE XII - LOAN

 

CHAPTER 1 - LOAN FOR USE (COMMODATUM)

Art. 2891. 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. 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. 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. 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. 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 prudent administrator. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2896. 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. 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 for the damage to the thing lent. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2898. 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. 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. 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. 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 may demand the return of the thing at any time. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2902. 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, eff. Jan. 1, 2005]

Art. 2903. 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, No. 743, §1, eff. Jan. 1, 2005]

 

CHAPTER 2 - LOAN FOR CONSUMPTION (MUTUUM)

Art. 2904. The loan for consumption is a contract by which a person, the lender, delivers consumable things to another, the borrower, who binds himself to return to the lender an equal amount of things of the same kind and quality. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2905. The borrower in a loan for consumption becomes owner of the thing lent and bears the risk of loss of the thing. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2906. A loan of a nonfungible thing, in the absence of contrary agreement, is not a loan for consumption, but is a loan for use. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2907. When the loan is of money, the borrower is bound to repay the same numerical amount in legal tender of the country whose money was lent regardless of fluctuation in the value of the currency.

When commodities are lent, the borrower is bound to return the same quantity and quality regardless of any increase or diminution of value. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2908. The lender is liable to the borrower when defects in the thing lent for consumption 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, eff. Jan. 1, 2005]

Art. 2909. The lender may not demand from the borrower the performance of his obligation to return an equal amount of things of the same kind and quality before expiration of the term. In the absence of a certain term or of an agreement that performance will be exigible at will, a reasonable term is implied. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2910. The borrower is bound to render performance at the place agreed upon. When the place for performance is not fixed in the contract, performance shall be rendered at the place where the loan is contracted. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2911. When it is impossible for the borrower to return to the lender things of the same quantity and quality as those lent, the borrower is bound to pay the value of the things lent, taking into account the time and place they should have been returned according to the contract.

When the time and place are not fixed in the contract, the borrower owes the value of the things at the time the demand for performance is made and at the place where the loan is contracted. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Art. 2912. When the borrower does not return the things lent or their value at the time when due, he is bound to pay legal interest from the date of written demand. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

 

CHAPTER 3 - LOAN ON INTEREST

Art. 2913. When the principal of the loan is released without reservation as to interest, it is presumed that the interest is also released. [Acts 2004, No. 743, §1, eff. Jan. 1, 2005]

Arts. 2914-2925. [Blank]