Cap. 16 чл. 1838Question as to whether contract is or commodatum locatio et conductio.

(1) If any question shall arise as to whether the loan of a thing is by way of a loan for use, or by way of letting and hiring, the person claiming a reward must prove his right thereto by express or tacit agreement.

(2) A tacit agreement may be inferred from the condition of the parties, the quality of the thing, the prolonged use thereof and other circumstances.

Title XVI

OF PRECARIOUS LOAN OR PRECARIUM