1896de Book2 Chapter07 Title04 - Revision history

Codesuser at 13:56, 26 October 2025

2025-10-26T13:56:33Z

← Older revision		Revision as of 13:56, 26 October 2025
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	* The lender is responsible only for wilful default and gross negligence.		* The lender is responsible only for wilful default and gross negligence.

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_600~~.\|Section 600.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 600.\|Section 600.]]''' ======
	* If the lender fraudulently conceals a defect of title or of quality in the thing lent, he is bound to compensate the borrower for any damage arising therefrom.		* If the lender fraudulently conceals a defect of title or of quality in the thing lent, he is bound to compensate the borrower for any damage arising therefrom.

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	* A borrower is not responsible for any alteration or deterioration of the thing lent which is brought about by the stipulated use of the thing.		* A borrower is not responsible for any alteration or deterioration of the thing lent which is brought about by the stipulated use of the thing.

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_603~~.\|Section 603.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 603.\|Section 603.]]''' ======
	* The borrower may not use the thing lent in any other way than that stipulated for. He is not entitled to transfer to a third party the use of the thing without the permission of the lender.		* The borrower may not use the thing lent in any other way than that stipulated for. He is not entitled to transfer to a third party the use of the thing without the permission of the lender.

Codesuser at 13:53, 26 October 2025

2025-10-26T13:53:13Z

Codesuser: /* BOOK II. Law of Obligations. */

2025-09-21T05:54:04Z

BOOK II. Law of Obligations.

← Older revision		Revision as of 05:54, 21 September 2025
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	== BOOK II. Law of Obligations. ==		== BOOK II. Law of Obligations. ==
			'''[[1896de_Book2_Chapter07_Title03_Part02\|← Previous Page]]''' \| '''[[1896de_Book2_Chapter07_Title05\|Next Page →]]'''

	=== Chapter VII. Particular Kinds of Obligations. ===		=== Chapter VII. Particular Kinds of Obligations. ===

Codesuser: Created page with "= '''GERMAN CIVIL CODE OF 1896''' = * '''Based on the English Translation by:''' ''Wang, Chung Hui'' (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on [https://archive.org/details/germancivilcod00germ Archive.org]] == BOOK II. Law of Obligations. == === Chapter VII. Particular Kinds of Obligations. === ==== Title IV. Loan for Use. ==== ====== '''1896de T..."

2025-08-21T08:52:00Z

Created page with "= '''GERMAN CIVIL CODE OF 1896''' = * '''Based on the English Translation by:''' ''Wang, Chung Hui'' (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on [https://archive.org/details/germancivilcod00germ Archive.org]] == BOOK II. Law of Obligations. == === Chapter VII. Particular Kinds of Obligations. === ==== Title IV. Loan for Use. ==== ====== '''1896de T..."

New page

= '''[[1896de Main Page|GERMAN CIVIL CODE OF 1896]]''' =

* '''Based on the English Translation by:''' ''Wang, Chung Hui'' (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on [https://archive.org/details/germancivilcod00germ Archive.org]]

== BOOK II. Law of Obligations. ==

=== Chapter VII. Particular Kinds of Obligations. ===

==== Title IV. Loan for Use. ====

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_598.|Section 598.]]''' ======
* By a contract of loan for use the lender of a thing is bound to permit the borrower to use the thing gratuitously.

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_599.|Section 599.]]''' ======
* The lender is responsible only for wilful default and gross negligence.

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_600.|Section 600.]]''' ======
* If the lender fraudulently conceals a defect of title or of quality in the thing lent, he is bound to compensate the borrower for any damage arising therefrom.

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_601.|Section 601.]]''' ======
* [I] The borrower shall bear the ordinary expenses of the preservation of the thing lent, ¢.g., in the case of the loan of an animal, the cost of provender.
* [II] The obligation of the lender to make compensation for other expenses is determined according to the provisions relating to management of affairs without mandate. The borrower is entitled to remove an attachment with which he has provided the thing.

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_602.|Section 602.]]''' ======
* A borrower is not responsible for any alteration or deterioration of the thing lent which is brought about by the stipulated use of the thing.

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_603.|Section 603.]]''' ======
* The borrower may not use the thing lent in any other way than that stipulated for. He is not entitled to transfer to a third party the use of the thing without the permission of the lender.

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_604.|Section 604.]]''' ======
* [I] The borrower is bound to return the thing lent on the expiration of the time fixed for the loan.
* [II] If no time is fixed, the thing shall be returned after the borrower has made the use of the thing which appears from the object of the loan. The lender may demand the thing back earlier if so much time has elapsed that the borrower might have made this use of it.
* [III] If the time of the loan is neither fixed nor to be inferred from the object of the loan, the lender may demand the thing back at any time.
* [IV] If the borrower transfers the use of the thing to a third party, the lender may also demand it back from the third party after the termination of the loan.

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_605.|Section 605.]]''' ======
* The lender may give notice to terminate the loan:
* (1) If he has need of the thing lent in consequence of an unforeseen circumstance;
* (2) if the borrower makes any use of the thing in breach of the contract, e.y., transfers the use without authority to a third party, or seriously endangers the thing by neglecting the care imposed upon him;
* (3) if the borrower dies.

====== '''[[1896de Teil2 Abschnitt07 Titel04#Â§_606.|Section 606.]]''' ======
* The claim of the lender for compensation on account of alteration or deterioration of the thing lent, and the claim of the borrower for compensation for outlay or for permission to remove an attachment, are barred by prescription in six months. The provisions of 558, pars. 2, 3 apply mutatis mutandis.

← Older revision		Revision as of 13:53, 26 October 2025
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	==== Title IV. Loan for Use. ====		==== Title IV. Loan for Use. ====

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_598~~.\|Section 598.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 598.\|Section 598.]]''' ======
	* By a contract of loan for use the lender of a thing is bound to permit the borrower to use the thing gratuitously.		* By a contract of loan for use the lender of a thing is bound to permit the borrower to use the thing gratuitously.

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_599~~.\|Section 599.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 599.\|Section 599.]]''' ======
	* The lender is responsible only for wilful default and gross negligence.		* The lender is responsible only for wilful default and gross negligence.

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	* If the lender fraudulently conceals a defect of title or of quality in the thing lent, he is bound to compensate the borrower for any damage arising therefrom.		* If the lender fraudulently conceals a defect of title or of quality in the thing lent, he is bound to compensate the borrower for any damage arising therefrom.

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_601~~.\|Section 601.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 601.\|Section 601.]]''' ======
	* [I] The borrower shall bear the ordinary expenses of the preservation of the thing lent, ¢.g., in the case of the loan of an animal, the cost of provender.		* [I] The borrower shall bear the ordinary expenses of the preservation of the thing lent, ¢.g., in the case of the loan of an animal, the cost of provender.
	* [II] The obligation of the lender to make compensation for other expenses is determined according to the provisions relating to management of affairs without mandate. The borrower is entitled to remove an attachment with which he has provided the thing.		* [II] The obligation of the lender to make compensation for other expenses is determined according to the provisions relating to management of affairs without mandate. The borrower is entitled to remove an attachment with which he has provided the thing.

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_602~~.\|Section 602.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 602.\|Section 602.]]''' ======
	* A borrower is not responsible for any alteration or deterioration of the thing lent which is brought about by the stipulated use of the thing.		* A borrower is not responsible for any alteration or deterioration of the thing lent which is brought about by the stipulated use of the thing.

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	* The borrower may not use the thing lent in any other way than that stipulated for. He is not entitled to transfer to a third party the use of the thing without the permission of the lender.		* The borrower may not use the thing lent in any other way than that stipulated for. He is not entitled to transfer to a third party the use of the thing without the permission of the lender.

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_604~~.\|Section 604.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 604.\|Section 604.]]''' ======
	* [I] The borrower is bound to return the thing lent on the expiration of the time fixed for the loan.		* [I] The borrower is bound to return the thing lent on the expiration of the time fixed for the loan.
	* [II] If no time is fixed, the thing shall be returned after the borrower has made the use of the thing which appears from the object of the loan. The lender may demand the thing back earlier if so much time has elapsed that the borrower might have made this use of it.		* [II] If no time is fixed, the thing shall be returned after the borrower has made the use of the thing which appears from the object of the loan. The lender may demand the thing back earlier if so much time has elapsed that the borrower might have made this use of it.
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	* [IV] If the borrower transfers the use of the thing to a third party, the lender may also demand it back from the third party after the termination of the loan.		* [IV] If the borrower transfers the use of the thing to a third party, the lender may also demand it back from the third party after the termination of the loan.

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_605~~.\|Section 605.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 605.\|Section 605.]]''' ======
	* The lender may give notice to terminate the loan:		* The lender may give notice to terminate the loan:
	* (1) If he has need of the thing lent in consequence of an unforeseen circumstance;		* (1) If he has need of the thing lent in consequence of an unforeseen circumstance;
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	* (3) if the borrower dies.		* (3) if the borrower dies.

	====== '''[[1896de Teil2 Abschnitt07 Titel04#~~Â§_606~~.\|Section 606.]]''' ======		====== '''[[1896de Teil2 Abschnitt07 Titel04#§ 606.\|Section 606.]]''' ======
	* The claim of the lender for compensation on account of alteration or deterioration of the thing lent, and the claim of the borrower for compensation for outlay or for permission to remove an attachment, are barred by prescription in six months. The provisions of 558, pars. 2, 3 apply mutatis mutandis.		* The claim of the lender for compensation on account of alteration or deterioration of the thing lent, and the claim of the borrower for compensation for outlay or for permission to remove an attachment, are barred by prescription in six months. The provisions of 558, pars. 2, 3 apply mutatis mutandis.