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However, if the loan agreement allows for the use of the item in a different way, the borrower may freely use the item in accordance with the provisions of the agreement. Violation by the taker of contractual or statutory provisions regarding the use/use of the item gives rise to liability on his part for its loss or damage. IMPORTANT The borrower may not, without the consent of the lender, make the loaned item available for use by third parties. The borrower also bears the usual costs of maintaining the loaned item.Such maintenance costs include expenses related to the ongoing maintenance of the item, which is necessary to keep it in philippines photo editor a non-deteriorated condition, e.g. repair costs, feeding the animal. Ordinary costs are borne by the borrower and cannot constitute a basis for demanding their reimbursement from the lender. Defects of borrowed goods and liability Pursuant to the provisions of Art. 711 of the Civil Code If the thing lent has defects, the lender is obliged to repair the damage he caused to the borrower by not being aware of the defects and not notifying him about them. The above provision does not apply when the taker could easily notice the defect.
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It should be noted that the lender's liability for defects in the item is limited - he is only liable for the damage he caused to the borrower by not knowing about the defects and not informing him about them. Therefore, liability arises when damage occurs due to the lack of notice to the buyer about the defects of the item. However, if the borrower could easily notice defects in the thing lent, the liability of the lender is excluded. IMPORTANT – the lender's liability depends on his knowledge of the existence of defects.
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