Explanation of Article 455
The article clarifies that the loan contract imposes an obligation on the borrower to preserve the borrowed item, and the standard for this is that the borrower must exercise the same care in preserving the borrowed item as they would in preserving their own property. This is because the borrowed item is a trust in their hands, and they should not exercise less care than what an ordinary person would typically exercise in preserving property. If the borrower fails to meet this obligation, the rules of contractual liability outlined in the general provisions of the contract apply. The parties to the contract may agree to mitigate or intensify the liability or restrict the use of the borrowed item.
What the article contains is an exception to the general principle established in Article (168), which states: If the debtor is required to preserve the item... they have fulfilled the obligation if they exercise the care of an ordinary person in its execution, even if the intended purpose is not achieved unless a statutory provision dictates otherwise. The statutory provision here intensifies the borrower's liability compared to the general principle; thus, the borrower, even if they exercise more care in preserving their property than an ordinary person, cannot reduce the care they exercise in preserving their property.
Related To
Article 455
The borrower shall, in safekeeping the lent thing, exercise the same level of care as he would in safekeeping his own property, provided that such care is on par with that of a reasonable person.