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Le prêt à usage

Abstract : Endowed with a simple regulation (articles 1875 to 1891 of Code Civil), which haven't changed since 1804, the loan with the right of user is a part of daily contracts concluded without paying attention to them. Despite of its common use, in family, friendly or neighbourly relationships, but also in business connections, few of detailed studies exist. In fact, lawyers do not turn their attention to this contract, which is considering as an agreement without any particularities. The subject of this work is to know more deeply this agreement which earns its place within special contracts. From its conclusion to its issue, each rule of the loan with the right of user are here examinated. This study systematically asks question about the reasons of the loan's rules, and the result differ in traditional view if this contract. Indeed the latter is usually presented as a real, free and unilateral contract which main loaner's obligation is the return of the object. But, after investigation, loan proves it's a consensual, deeply bilateral agreement, free or motivated, which main element is the use of the thing. This study also lay stress on the flexibility and security that allow this kind of contract. In this way, that it's perfectly suitable to contemporary world and business world. The other side of the picture is that undoubtly a simple unconspicuously free disposal could be regard as a loan. The risk urges to check deeply the nature of the loan with the right f user, to look at the abuse uses of the term of loan and to keep its identity to the real contract of loan.
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Submitted on : Tuesday, April 24, 2018 - 4:08:39 PM
Last modification on : Wednesday, October 21, 2020 - 3:35:35 PM

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  • HAL Id : tel-01776929, version 1



Martine Garnier. Le prêt à usage. Droit. Université Nancy 2, 2002. Français. ⟨NNT : 2002NAN20008⟩. ⟨tel-01776929⟩



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