Title 13
in forceOf loan for use (bruikleening)
Section 1
General provisions
Loan for use (bruikleening) is an agreement whereby one party gives a thing to the other for use gratuitously, under the condition that the person…
The lender remains the owner of the borrowed thing.
The obligations which arise from the loan for use pass to the heirs of the person who lends, respectively his spouse or registered partner in the…
Section 2
Of the obligations of the person who receives something for loan for use (bruikleening)
The person who receives something on loan is obliged, as a careful and reasonably acting person, to ensure the safekeeping and preservation of the…
If the borrowed thing is lost by a fortuitous event which the person who received it on loan could have prevented by using his own thing, or if he…
If the thing was valued at the time of lending, the loss thereof, even if it arose by chance, shall be borne by the person who received the thing on…
If the thing decreases in value solely as a result of the use for which it was lent, and without fault of the user, the latter is not liable for that…
If the user, in order to be able to make use of the borrowed thing, has incurred any expenses, he cannot reclaim them.
If a thing has been given in loan for use to two or more persons jointly, they are jointly and severally bound to return it and to compensate the…
Section 3
Of the obligations of the lender
The lender may not reclaim the lent thing except after the expiry of the specified time, or, in the absence of such a provision, after it has served…
If, however, the lender, during that period of time, or before the need of the borrower has ceased, requires the loaned thing himself for urgent and…
If the borrower, during the loan for use, has had to incur any extraordinary necessary expenses for the preservation of the thing, which were so…
If the thing lent has such defects that harm could thereby be caused to the person who makes use of it, the lender is, if he knew of those defects…