However,
He lends 23 years accommodation:
Do you good in Martin, he ch … However, in your hand. Nevertheless, This is the adage that a certain Monsieur P. Therefore, was able to experience whose setbacks were reported by our colleagues from Capital. Meanwhile, Twenty years ago, he lent an apartment to one of his friends.
The latter, Italian, is suffering from AIDS. Moreover, To allow him to be treated in France, Mr. Consequently, P. therefore provides him free of charge, and on a simple verbal agreement, the accommodation.
The friend pleads the so -called “life” loan – He lends 23 years accommodation
Problem, 23 years later, when this friend still occupies the apartment, Mr. Moreover, P. Therefore, needs to recover it and lets him know to the occupant who … refuses to release the premises. even forcing the generous lender to send him a registered letter to make him understand his motivations … without more success.
Friendship having its limits. and the need for the owner becoming more pressing, Mr. P. is forced to assign his “friend” to justice to obtain “termination of the loan of the property”. the expulsion of the house.
But the latter defends herself and pleads the so -called “life” loan supposed to last until his death. Capital Adds that it is based on the definition of the loan for use defined in article 1875 of the Civil Code as “a contract by which one of the parties delivers one thing to the other to use it. in charge of making it after being used”, or until its death, “predictable natural term” of the loan.
The Court of Cassation confirms the owner
A plea that convinced the judges at he lends 23 years accommodation first. but who will not resist the call of Mr. P. who wins before the Aix-en-Provence Court of Appeal. But the friend does not allow himself to be done and appears in cassation and is done … dismiss.
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On May 14. 2025, in its decision, “the Court of Cassation confirmed the analysis of the Court of Appeal, rejecting the natural predictability of the death. Also. the highest legal body recalls “a simple, but essential principle: in the absence of an agreed or predictable term, the loan for use can be terminated at any time by the lender, provided that a reasonable notice period”, three months in this specific case, deciphers the law firm. And to insist: “The loan for use gives no right to the maintenance in the premises, unlike a housing lease. »»
The media thus recalls. in turn, that the absence of a written contract he lends 23 years accommodation creates ambiguity and that it is therefore always strongly advised to formalize in writing a contract, even for a free loan, even for a friend.
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