The pattern did not arrive
The characteristic features of lending, distinguishing it from the typologically similar lease, are gratuitous payment and the motive of selflessness included in the statutory description, therefore the exclusive obligation of the lender is to abolish the use of the thing by the borrower and to refrain from any activities that annihilate or only limit his rights arising from the contract . It is not a mutual contract because the performance of the lender is not matched by any performance on the part of the recipient.It is a unilaterally binding contract in which the borrower uses someone else's thing in the manner specified by the lender. Judgment philippines photo editor of the Provincial Administrative Court in Kraków of Julyref. no. file I SA/Kr 489/16 The loan agreement is real, which means that in order to conclude it, in addition to declarations of will, it is also necessary to hand over the item to the borrower for use. As long as the subject matter of the contract is not delivered, a contract of this type does not arise.
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Judgment of the Court of Appeal in Łódź of May 7, 2014, ref. no. act I ACa As stated in Art. 710 of the Civil Code, by means of a loan agreement, the lender (commodator) undertakes to allow the recipient (commodator) to use the thing given to him for this purpose free of charge for a specified or indefinite period. It is, in fact, a selfless deprivation of the use of a specific thing on the part of the commodator for the convenience of the commodator.
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