A loan is a legal act that consists of passing on, without requiring payment , the possession and use of a property while retaining ownership . The gracefulness, which distinguishes the loan, the rental and the sale , is always presumed. Where the term of the loan is not fixed, conditional or interpretable by the nature of the loan, the loan shall be deemed to be in effect for the life of the borrower .
- In the case of finance , a loan is the transaction by which funds are delivered by a lender to a beneficiary, subject generally to payment by the lender of an interest paid to the lender, and subject to the repayment undertaking of the lender. sum lent.
The term loan is synonymous with borrowing for the one who provides the money. For the lender, it is a debt or credit , for the borrower, it is a debt . The term loan, can also refer to a mortgage loan in everyday language, see also the concept of mortgage .
- In law , the loan agreement is an agreement, defined by the civil law , by which a person ( the lender ) delivers a service to another person ( the borrower ), so that he uses it, but at the expense of the to restore, after a determined time.
Although the traditional definition of lending is essentially material, lending can also make sense for immaterial property , especially for copyright (exclusive lending right, exception public loan). This is called making available for the use and for a limited time of the loaned property 1 .
Notes and references
- ↑ For example, see the definition in Article 1 st , § 3 of the Directive 92/100 / EEC on rental right and public lending.