Identifier: TFG:510
Authors: Camps Galindo, Miriam
Abstract:
The theme chosen this thesis is the loan contract. A loan or bailment contract is one in which one party (the lender) lends something to another (the borrower) to be used for a certain period and then returned. This type of contract is based on friendship or goodwill, the fact that it is gratuitous is the characteristic element of such a contract, it’s economic and social role is consistent with mutual help and mutual cooperation. This thesis is divided into three chapters. In the first chapter, "The Loan in Roman law," we deal with the figure of the loan from the point of view of several authors, outlining it’s concept and features, and giving special importance to the issue of responsibility. In the second chapter, "Comparative Law", we analyze the loan contract from the perspective of French, Italian, Venezuelan and Chilean Civil Code. This chapter is especially important as we study other jurisdictions, tracing the differences and similarities with the figure of the loan. In the third chapter, "The Loan in the Spanish Civil Code" we establish the most characteristic features of the loan agreement from the point of view of the Spanish legislator. In this chapter we also distinguish lease and precarious loans. In this sense, we are dealing with a lease and not a loan contract when emolument or gifts are involved these being a form of remuneration. We are also dealing with a precarious loan (and not a loan) when the owner of a property may request the return of the same in an action for unlawful detainer or he declares ownership of the property through a repossession action. To arrive at these conclusions, we have used jurisprudence of the Supreme Court and various Provincial courts. Finally, to expand the information of this thesis we have attached several annexes (such as judgments and developed a model contract of loan).
Repositori URV