Loan agreement
A loan agreement exists when an item is made available for temporary use free of charge (cf. German law: §§ 598 ff. BGB , Austrian law: §§ 971 ff. ABGB ).
Colloquially, however , the term loan is also used for renting for a fee, for example for rental cars , "video rental", "boat rental", "bike rental".
Legal situation in individual states
- Germany: loan agreement
Switzerland
In Switzerland, commercial lending is regulated in Articles 305 to 311 of the Code of Obligations . The loan is free of charge and the borrower is liable for the usual costs incurred in maintaining the item. The lender pays for extraordinary expenses that are necessary in the interest of the lender. All borrowers of the same thing are jointly and severally liable for the costs. Otherwise the law on damages applies .
The loan ends:
- by an agreed period
- through a breach of the loan agreement
- by leaving the thing to a third party
- if the lender urgently needs the item due to unforeseen circumstances
- by the death of the borrower
If a loan period is not defined, the lender can claim the item back at will.
See also
literature
- Philip Haellmigk: The loan in the French, English and German legal systems . Vandenhoeck & Ruprecht, 2009, ISBN 978-3-89971-716-7 .
