Legal Encyclopedia. Letter B

Uncompensated use (CONTRACT)

- An agreement between two parties in which the first party (the lender) agrees to transfer or lease thing for gratuitous temporary use of the other party (the borrower), and the latter undertakes to return the same thing in the same condition in which it received, taking into account normal wear and tear or the condition stipulated by the contract.

The contract is consensual, realistic, royalty-free right and binding. He refers to contracts for temporary use of property, so it is applicable to a number of provisions governing the lease.

Parties to the agreement - the lender and the borrower. The lender - the owner of the thing or the person entitled to the transfer of things in BP borrower - any subject of civil law. However, the commercial organization can not transfer property to BP person who is its founder, party leader, a member of its organs

Management or control.

The subject of the contract in favor

individual-specific, non-consumable item transmitted lender.

The form of the contract can be either written or oral, depending on the transferred items.

Each party may at any time withdraw from the contract by BP, by notifying the other party one month.

The lender must give a thing in a state corresponding to the terms of the agreement, BP and its purpose, with all its accessories and documents. Also, he is obliged to notify the borrower of all rights of third persons to this thing, in the event of default of this obligation the borrower may require termination of the contract and indemnity for the real loss.

The borrower bears the risk of accidental loss or accidental damage resulting in BP things.

In case of deficiencies the borrower has the right to demand from the lender gratuitous elimination of defects of the thing, the reimbursement of their costs to address the deficiencies things indemnity for the

actual damages, replacement of defective items other similar thing in a proper condition.

The lender may require early termination of the contract in cases where the borrower:

1) uses the thing is not in accordance with the contract or the appointment of things;

2) fails to fulfill responsibilities for the maintenance items in good condition or its content;

3) substantially worsens the condition of things;

4) without the consent of the lender gave the thing a third party.

The borrower has the right to demand early termination of the contract:

1) upon detection of defects making the normal use of the thing impossible or burdensome, the presence of which he did not know and could not know at the time of conclusion of the contract;

2) if the thing because of the circumstances would be able to, not suitable for use;

3) if the lender did not warn him about the rights of third persons to the thing;

4) failure to perform duties of the lender to transfer a thing or its

accessories and related documents.

The agreement is terminated with the death of a citizen-borrower and in case of liquidation of the legal entity - the borrower.