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Civil Law

Explanation of Article 456

Explanation of Article 456

The article addresses three obligations on the borrower, which are:

  1. The necessary expenses for using the borrowed item; these are borne by the borrower and cannot be claimed back from the lender, such as car fuel expenses and operating expenses for agricultural machinery.
  2. The usual maintenance expenses for the borrowed item; such as conducting routine maintenance for the vehicle when borrowed, or the expenses required to preserve a borrowed manuscript book. However, necessary repair expenses, such as unexpected breakdowns not caused by the borrower, are borne by the lender, and the borrower can claim them back from the lender if incurred.
  3. The expenses for returning the borrowed item to the lender; because the borrower is the debtor of this obligation. According to Article (453), the borrower is obligated to return the borrowed item, including its accessories and attachments, in the condition it was in at the time of receipt, except for what is necessitated by normal use. The borrowed item should be returned to the place where it was received by the borrower, unless otherwise agreed.

Related To

Article 456

The borrower shall bear the costs of the lent thing and its regular maintenance as well as the costs for returning such thing to the lender, unless agreed otherwise.