Common Contracts

Borrow-To-Use Agreement and its Legal Consequences in Case of Damages

November 3rd, 2020

• Filed
  November 3rd, 2020

The performance of a borrow-to-use agreement can only be enjoyed by one party while the other party will not obtain anything from the borrower’s party. The willingness to help or to lend the other party is probably is based on an agreement, volunteer- ism, solidarity, or is because of the object owner’s social sense. The regulation is already available in the Civil Codes. However, the question is whether the provisions in the Civil Codes regarding to borrow-to-use agreement are still relevant in the present situations and to the more complex society. The risks will rise along with the making of the agreement. Therefore, it is necessary that there is a sound mechanism to regulate and resolve problems regarding the emerging risks in the borrow-to-use agreement. The objectives of this study are to analyze provisions regarding a borrow-to-use agreement regulated by the Civil Codes and the legal consequences in the occurrence of the damage of the object of a borrow-to-use agreement in the p