Explanation of Article 431
The paragraph establishes an obligation on the lessee regarding the use of the leased property; if the contracting parties specify the intended benefit of the lease in the contract, the lessee is obliged to use the leased property within the limits of that benefit. However, if they leave the contract open without specifying the intended benefit, the lessee is obliged to use the leased property according to what it was prepared for. For example, someone who rents a house for a family to live in cannot house two families in it, and someone who rents a car intended for riding cannot use it to transport equipment, and someone who rents a car intended for transporting light equipment cannot use it to transport heavy equipment.
If the lessee breaches their obligation to use the leased property as agreed in the contract, or uses the property for purposes other than what it was intended for, they bear the responsibility resulting from the breach of obligation according to general rules. The lessor has the right to request specific performance, by stopping the lessee from using the property in an unauthorized manner if possible. The lessor may also request the termination of the contract if the damage caused to the lessor or the leased property is severe enough to justify termination, with the assessment of this left to the court.
In all cases, the lessor has the right to request compensation for the damage suffered due to the lessee's breach of obligation.
Related To
Article 431
The lessee shall use the leased thing within the limits agreed upon in the contract. If no agreement is made, he shall use the leased thing according to its intended purpose.