Explanation of Article 390
The article clarified the second obligation of the borrower, which is to bear the expenses of the loan contract and the expenses of fulfilling it. The expenses of the loan contract refer to the necessary expenses to complete the loan contract and deliver the borrowed money to the borrower, such as the expenses of registering the contract, attorney fees, the expenses of the mortgage that guarantees the loan if any, and the expenses of receiving the borrowed money. The expenses of fulfilling it refer to the expenses of returning the borrowed money to the lender; for instance, if there is a cost to return the borrowed money, the borrower bears it. The end of the paragraph indicates that the borrower's bearing of the expenses of the loan contract and the expenses of fulfilling it is not a matter of public order; thus, it is permissible to agree otherwise, whether by explicit or implicit agreement. An implicit agreement could be that it is customary for the lender to bear those expenses or some of them, and this is acted upon.
Related To
Article 390
The costs of the loan and the repayment shall be borne by the borrower, unless agreed otherwise.