Explanation of Article 457
The article addresses the borrower's obligation to use the borrowed item according to the agreed terms regarding time, place, and type. If there is no agreement, the borrower is obliged to use it in the usual manner.
The first paragraph clarifies that if the loan is not restricted by time, place, or type of use, the borrower is obliged to use the borrowed item in the usual manner according to its nature. For example, if the borrowed item is a car intended for riding, it cannot be used to transport equipment. If it is designed for city driving, it cannot be used off-road on sand. If the borrowed item is a machine not typically used for more than three consecutive hours, the borrower cannot exceed this usage.
However, if the loan contract specifies the type, place, or time of use, the borrower must adhere to these conditions, even if the usual use would require more. For instance, if the lender stipulates that the borrower should not use the car on sand, the borrower cannot use it on sand, even if the car is typically equipped for such use.
If the borrower exceeds the use specified by the lender or goes beyond the usual manner, they are liable to compensate for any damage caused to the lender due to this breach of obligation.
Related To
Article 457
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If the loan for use is not bound by time, place, or type of utilization, the borrower may use the lent thing in the normal manner.
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If the loan for use is bound by time or place, the borrower shall comply with such limitation. If the type of utilization is specified, the borrower may not exceed normal utilization.