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Contract law. Agreement for free use (loan agreement) (most important)

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42. FREE USE AGREEMENT (LOAN AGREEMENT)

Agreement for gratuitous use (loan agreement) - an agreement when one party (the lender) undertakes to transfer or transfers the thing for free temporary use to the other party (the borrower), and the latter undertakes to return the same thing in the condition in which it received it, taking into account normal wear and tear or in a condition due to contract.

The gratuitous use agreement is:

1) consensual - the contract is considered concluded from the moment when the parties have reached an agreement on all essential terms;

2) free of charge;

3) mutual.

subject of a contract - any property, both movable and immovable, but it must be separate and not lose its natural properties in the process of use, i.e. be a non-consumable thing.

Parties to the contract - the lender and the borrower. Any participant in civil circulation can act on either side.

Contract form:

a) oral (if the transaction is insignificant in the amount of less than 10 minimum wages);

b) written (if the subject of the contract is real estate, then with mandatory state registration).

Risk of accidental death or accidental damage the thing received for gratuitous use lies with the borrower:

1) if the thing was destroyed or damaged due to the fact that he used it not in accordance with the contract for gratuitous use or the purpose of the thing, or transferred it to a third party without the consent of the lender;

2) if, taking into account the actual circumstances, he could prevent its death or damage by sacrificing his thing, but preferred to keep his thing.

The lender has the right to demand early termination gratuitous use agreements in cases where the borrower:

a) uses the thing not in accordance with the contract or the purpose of the thing;

b) does not fulfill the obligation to maintain the thing in good condition or its maintenance;

c) significantly worsens the condition of the item;

d) transferred the thing to a third party without the consent of the lender.

The borrower has the right to demand before urgent termination gratuitous use agreements:

a) upon discovery of defects that make the normal use of the thing impossible or burdensome, the presence of which he did not know and could not know at the time of the conclusion of the contract;

b) if the thing, due to circumstances for which he is not responsible, turns out to be in a condition unsuitable for use;

c) if, at the conclusion of the contract, the lender did not warn him about the rights of third parties to the transferred thing;

d) if the lender fails to fulfill the obligation to transfer the thing or its accessories and related documents.

Author: Rezepova V.E.

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