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The loan for free contract

Posted by linda on 29 November 2018
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The loan is a contract thanks to which a part (owner) deliver to another (borrower) a movable thing or a real estate for free in order to use it for a time or for a specific use with the obligation to return the same asset received.

The distinctive elements are:

Gratuitousness; the borrower then becomes the owner of a personal right to enjoy the property but has no right of ownership.

One-sidedness, that is, with obligations borne by a single party, which finds its cause in the relations of courtesy and trust existing between the contracting parties or in the will to face the other temporary need.
Reality.

When the resource are returned early

Civil Code, the borrower is obliged to return the resource granted to him and this service becomes payable upon expiry of the agreed term or when the borrower has used it in accordance with the contract.

However, it is always possible for the owner to demand immediate restitution in the face of an urgent need to regain the use of the asset before expiry or before the borrower has ceased to use it.

It is the failure to comply with the obligation to preserve the asset, to make use of the asset provided for in the contract or arising from the nature of the asset, and the granting of the enjoyment of it to third parties without the consent of the owner.

What is the procedure to validate the contract?

To register the loan contract it is sufficient to:

– Submit the registration application form (template 69) in double copy.

– Receipt of payment of € 200 for registration tax made with model F23.

– Stamp duty (former revenue stamp), having an issue date not later than the stipulation date.

If the contract is without term of expiry: it can be renewed, paying the registration tax (€ 200) each time the contract is renewed.

If the contract is fixed-term: the registration tax must be paid only once.

The loan contract, once drafted in writing, must then be registered within twenty days of its signing.

The regulation

The right of the loaner to return the thing on loan is prescribed with the expiry of the ten-year ordinary term, which begins:

  • In the fixed-term loan, from the expiry of the deadline foreseen in the contract for the return. Expired the term of the loan, if the property is not voluntarily released by the borrower, the owner can act legally against the occupant.
  • In the loan for an indefinite period, from when the request for restitution remains unfulfilled. When the restitution deadline has not been agreed by the parties and can not be deduced from the use to which the asset must be intended, the borrower, regardless of the right motives of the lender, is obliged to return the asset itself as soon as the latter requests it . << loan without determination of duration >> avoiding in this way that the contract can continue indefinitely.

Obligations of borrower

  • He is bound to keep it, with the diligence normally required of every debtor.
  • It must use the asset according to the use determined contractually or by the nature of the thing.
  • It is obliged to inform the owner of any damage to the property and over him is the obligation to inform the loaner of any failure, infiltration, deficiencies of electrical systems and any other damage occurred in the property, but must do in front of the owner. From this derives the exclusion for the borrower to have a reimbursement on the cost, also in the form of compensation or indemnity, of any improvements made to the asset if they were not necessary to meet the urgent need of conservation of the asset, even if these have made improvements.
  • However the borrower does not respond of the deterioration of the asset due to the sole effect of the use for which it was delivered and without fault of the same borrower. The owner must pay extraordinary administrative expenses.

 

Summary
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The loan for free contract
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The loan is a contract thanks to which a part (owner) deliver to another (borrower) a movable thing or a real estate for free in order to use it for a time or for a specific use with the obligation to return the same asset received.
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