Louisiana Civil Code

In all matters for which no special provision is made in this Title, the contract of loan for use is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

Any nonconsumable thing that is susceptible of ownership may be the object of a loan for use.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The borrower is bound to keep, preserve, and use the thing lent as a prudent administrator.  He may use it only according to its nature or as provided in the contract.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The borrower is not liable for ordinary wear and tear of the thing lent.  He is liable for damage to the thing lent caused by his failure to keep, preserve, or use it as a prudent administrator.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

When the thing lent is damaged by a fortuitous event from which the borrower could have protected the thing lent by using a thing of his own or, when being unable to preserve both things, the borrower chose to preserve a thing of his own, he is liable for the damage to the thing lent.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

When the contract of loan for use states a value for the thing lent, the borrower bears the risk of loss of the thing, including loss by fortuitous event.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The borrower may not claim reimbursement from the lender for expenses incurred in the use of the thing.

The borrower may claim reimbursement for expenses incurred for the preservation of the thing lent, if the expenses were necessary and urgent.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

When several persons jointly borrow the same thing, they are solidarily liable toward the lender.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The lender may demand the return of the thing lent after expiration of the term and, in the absence of a term, after conclusion of the use for which the thing was lent.  In case of urgent and unforeseen need, the lender may demand the return of the thing at any time.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The lender is liable to the borrower when defects in the thing lent cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

An action of the lender for damages because of alteration or deterioration of the thing lent and an action of the borrower for reimbursement of expenses are subject to a liberative prescription of one year.  These prescriptions commence to run from the day of the return of the thing.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The loan for consumption is a contract by which a person, the lender, delivers consumable things to another, the borrower, who binds himself to return to the lender an equal amount of things of the same kind and quality.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The borrower in a loan for consumption becomes owner of the thing lent and bears the risk of loss of the thing.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

A loan of a nonfungible thing, in the absence of contrary agreement, is not a loan for consumption, but is a loan for use.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

When the loan is of money, the borrower is bound to repay the same numerical amount in legal tender of the country whose money was lent regardless of fluctuation in the value of the currency.

When commodities are lent, the borrower is bound to return the same quantity and quality regardless of any increase or diminution of value.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The lender is liable to the borrower when defects in the thing lent for consumption cause damage or loss sustained by the borrower, if the lender knew or should have known of the defects and failed to inform the borrower.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

The borrower is bound to render performance at the place agreed upon.  When the place for performance is not fixed in the contract, performance shall be rendered at the place where the loan is contracted.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

When it is impossible for the borrower to return to the lender things of the same quantity and quality as those lent, the borrower is bound to pay the value of the things lent, taking into account the time and place they should have been returned according to the contract.

When the time and place are not fixed in the contract, the borrower owes the value of the things at the time the demand for performance is made and at the place where the loan is contracted.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

When the borrower does not return the things lent or their value at the time when due, he is bound to pay legal interest from the date of written demand.

Acts 2004, No. 743, §1, eff. Jan. 1, 2005.

A deposit is a contract by which a person, the depositor, delivers a movable thing to another person, the depositary, for safekeeping under the obligation of returning it to the depositor upon demand.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

In matters for which no special provision is made in this Title, the contract of deposit is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts".

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The contract of deposit may be either onerous or gratuitous.  It is gratuitous in the absence of contrary agreement, custom, or usage.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The formation of a contract of deposit requires, besides an agreement, the delivery of the thing to the depositary.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

When the deposit is onerous, the depositary is bound to fulfill his obligations with diligence and prudence.

When the deposit is gratuitous, the depositary is bound to fulfill his obligations with the same diligence and prudence in caring for the thing deposited that he uses for his own property.

Whether the deposit is gratuitous or onerous, the depositary is liable for the loss that the depositor sustains as a result of the depositary's failure to perform such obligations.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The depositary may not use the thing deposited without the express or implied permission of the depositor.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

When the thing deposited is a consumable and the depositary has permission to consume or dispose of it, the contract is a loan for consumption rather than deposit and is governed by the laws applicable to that contract.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The depositary is bound to return the precise thing that he received in deposit.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

When the thing deposited is lost or deteriorated without any fault of the depositary, the depositary is nevertheless bound to deliver to the depositor whatever value the depositary received as a result of that loss, including the proceeds of any insurance.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The depositary is bound to deliver to the depositor the civil and natural fruits that he received from the thing deposited.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The depositary may not require the depositor to prove that he is the owner of the thing deposited.  If the depositary discovers that the thing deposited was stolen, the depositary may refuse to return the thing to the depositor and is exonerated from liability if he delivers the thing to its owner.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

When the contract of deposit specifies the place of return, the thing deposited is to be returned there and the depositor bears the expense of transportation.  If the contract of deposit does not specify the place of return, the thing deposited is to be returned at the place where the deposit was made.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The depositary is bound to return the thing deposited upon demand, even if the agreed term of the deposit has not expired, unless expressly provided otherwise in the contract of deposit.

A depositary may not return the thing deposited before the lapse of the agreed term unless unforeseen circumstances make it impossible for him to keep the thing safely and without prejudice to himself.

When no term is fixed, the depositary may return the thing deposited at any time.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The depositary may retain the thing deposited until his claims arising from the contract of deposit are paid. He may not retain the thing until payment of a claim unrelated to the contract of deposit or by way of setoff.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The depositor is bound to reimburse the depositary for the reasonable expenses he has incurred for the safekeeping of the thing deposited, to indemnify him for the losses the thing may have caused him, and to pay him the agreed remuneration.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

An innkeeper is a compensated depositary as to things that guests deliver to him for safekeeping.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

An innkeeper who places a safe at the disposal of a guest in the guest's room is not a depositary of the things that the guest places in the safe.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

An innkeeper is not responsible for things of a guest that are stolen or damaged, unless the loss is attributed to the innkeeper's fault.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The innkeeper's liability to guests, whether contractual or delictual, for stolen or damaged personal belongings that were not delivered to the innkeeper, is limited to five hundred dollars if he provides a safe deposit facility for such belongings and if he posts notice of the availability of a safe, unless the innkeeper has assumed greater liability by a separate written contract.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Conventional sequestration takes place when two or more persons by agreement deliver to a depositary a thing, movable or immovable, the rights to which are disputed or uncertain.  In that case, the depositary is bound to deliver the thing according to their agreement or according to a court order.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

Conventional sequestration is governed by the rules applicable to deposit, to the extent that their application is compatible with the nature of conventional sequestration.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The depositary may terminate the conventional sequestration unilaterally only if he is unable to perform his obligations.  He is bound to deliver the thing to the successor depositary agreed upon by the parties and, when the parties cannot agree, he must apply to the court for the appointment of another depositary.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

A judicial sequestration takes place according to a court order as provided in the Code of Civil Procedure.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.

The judicial depositary is the public official charged with the duty to execute the orders of the court. He is subject to the obligations of a conventional depositary.  He is bound to deliver the thing to the person designated by the court.  He is entitled to a fee to be paid by the person ordered to pay that fee by the court.

Acts 2003, No. 491, §1, eff. Jan. 1, 2004.