Explanation of Article 451
The article addressed the concept of the loan contract, which is one of the donation contracts intended for benevolence, where the lender does not receive compensation for the loaned item. This distinguishes the loan contract from the lease contract, as the loan contract, although it pertains to the benefit of the item like a lease contract, is executed without compensation, unlike the lease contract which is executed for a fee, thus making it a contract of exchange. The loan contract is similar to the lease contract in another aspect, as it is defined by a specific period after which the subject of the contract is returned to its owner, whether it is a lessor or a lender. Just as the loan contract is similar to the lease contract in some aspects and differs in others, it is also similar to the gift contract in one aspect, as it is a donation contract executed without compensation, and differs in another aspect, as it pertains to the benefit of the item while its essence remains in the ownership of the lender, unlike the gift where the donor transfers ownership of the gifted item to the donee, enabling them to benefit from it accordingly. The article clarified that the purpose of the loan contract is to enable the borrower to benefit from a non-consumable item, such as vehicles, equipment, and utensils. If the essence of the item is consumed, it cannot be loaned, such as money and food. The article explained the obligation of the lender in the loan contract, which is to enable the borrower to benefit from the loaned item through possession, whether the lender is the owner or a representative of the owner, such as an agent, guardian, or trustee, or has the right of usufruct, allowing them to loan the item for which they have the right of usufruct. The general rules established for the actions of each of these parties in the system apply to their actions concerning the loan. The lender may be the owner of the benefit of the loaned item even if they are not the owner of its essence. The article also clarified that the loan contract includes a specific duration or purpose, as addressed in Article (453), and it imposes an obligation on the borrower to return the loaned item after the specified duration or purpose ends. All general rules related to contracts apply to the loan contract, except those specific to the loan contract, such as its formation being contingent upon the possession of the loaned item, as explained in Article (452).
Related To
Article 451
Loan for use is a contract under which a lender enables a borrower to use a non-consumable thing for a specified period or for a specific purpose without consideration, provided that he returns it to the lender.