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Explanation of Article 458

Explanation of Article 458

The article addresses another obligation on the borrower, which is an obligation to refrain from action; the borrower is not entitled to dispose of the borrowed item in a legal manner that establishes a right for others, whether this right pertains to the object of the borrowed item or its benefit. Examples of what pertains to the object of the borrowed item include selling, gifting, or mortgaging the borrowed item. Examples of what pertains to its benefit include establishing a usufruct right on the borrowed item, leasing it, or lending it to others. The borrower's dispositions of the borrowed item that establish a right for others are not effective against the lender unless approved by the lender.

Article 458

The borrower may not dispose of the lent thing in a manner that confers a third party right on the thing itself or its usufruct, except with the lender’s permission.