Dutch Legislation

Title 13

in force

Of loan for use (bruikleening)

Civil Code — Book 7A (specific contracts, continuation) (Burgerlijk Wetboek Boek 7A) · Articles: 13

Section 1

General provisions

1777 Article 1777

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…

1778 Article 1778

The lender remains the owner of the borrowed thing.

1780 Article 1780

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)

1781 Article 1781

The person who receives something on loan is obliged, as a careful and reasonably acting person, to ensure the safekeeping and preservation of the…

1782 Article 1782

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…

1783 Article 1783

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…

1784 Article 1784

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…

1785 Article 1785

If the user, in order to be able to make use of the borrowed thing, has incurred any expenses, he cannot reclaim them.

1786 Article 1786

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

1787 Article 1787

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…

1788 Article 1788

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…

1789 Article 1789

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…

1790 Article 1790

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…