lender 音标拼音: [l'ɛndɚ]
n . 出借人,贷方
出借人,贷方
lender n 1 :
someone who lends money or gives credit in business matters [
synonym : {
lender }, {
loaner }] [
ant : {
borrower }]
Lender \
Lend "
er \ (-[~
e ]
r ),
n .
One who lends .
[
1913 Webster ]
The borrower is servant to the lender . --
Prov .
xxii .
7 .
[
1913 Webster ]
LENDER ,
contracts .
He from whom a thing is borrowed .
2 .
The contract of loan confers rights ,
and imposes duties on the lender .
1 .
The lender has the right to revoke the loan at his mere pleasure ;
9 Cowen ,
R .
687 ;
8 Johns .
Rep .
432 ;
1 T .
R .
480 ;
2 Campb .
Rep .
464 ;
and is deemed the owner or proprietor of the thing during the period of the loan ;
so that au action for a trespass or conversion will lie in favor of the lender against a stranger ,
who has obtained a wrongful possession ,
or has made a wrongful conversion of the thing loaned ;
as mere gratuitous permission to a third person to use a chattel does not ,
in contemplation of the common law ,
take it out of the possession of the owner .
11 Johns .
Rep .
285 ;
7 Cowen ,
Rep .
753 ;
9 Cowen ,
Rep .
687 ;
2 Saund .
Rep .
47 b ;
8 Johns .
Rep .
432 ;
13 Johns .
Rep .
141 ,
661 ;
Bac .
Abr .
Trespass ,
c 2 ;
Id .
Trover ,
C 2 .
And in this the Civil agrees with the common law .
Dig .
13 ,
6 ,
6 ,
8 ;
Pothier ,
Pret �,
Usage ,
ch .
1 ,
Sec .
1 ,
art .
2 ,
n .
4 ;
art .
3 ,
n .
9 ;
Ayliffe '
s Pand .
B .
4 ,
t .
16 ,
p .
517 ;
Domat ,
B .
1 ,
t .
5 ,
Sec .
1 ,
n .
4 ;
and so does the Scotch law .
Ersk .
Pr .
Laws of Scotl .
B .
3 ,
t .
1 Sec .
8 .
3 .-
2 .
In the civil law ,
the first obligation on the part of the lender ,
is to suffer the borrower to use and enjoy the thing loaned during the time of the loan ,
according to the original intention .
Such is not the doctrine of the common law .
9 Cowen ,
Rep .
687 .
The lender is obliged by the civil law to reimburse the borrower the extraordinary expenses to which he has been put for the preservation of the thing lent .
And in such a case ,
the borrower would have a lien on the thing ,
and may detain it ,
until these extraordinary expenses are paid ,
and the lender cannot ,
even by an abandonment of the thing to the borrower ,
excuse himself from repayment ,
nor is he excused by the subsequent loss of the thing by accident ,
nor by a restitution of it by the borrower ,
without insisting upon repayment .
Pothier ,
Pret �
Usage ,
ch .
3 ,
n .
82 ,
83 ;
Dig .
13 ,
6 ,
18 ,
4 ;
Ersk .
Pr .
Laws of Scotl .
B .
3 ,
t .
1 ,
Sec .
9 .
What would be decided at common law does not seem very clear .
Story on Bailm .
Sec .
274 .
Another case of implied obligation on the part of the lender by the civil law is ,
that he is bound to give notice to the borrower of the defects of the thing loaned ;
and if he does not and conceals them ,
and any injury occurs to the borrower thereby ,
the lender is responsible .
Dig .
13 ,
6 ,
98 ,
3 ;
Poth .
Pret �
Usage ,
n .
84 ;
Domat ,
Liv .
1 ,
t .
5 ,
s .
3 ,
n .
3 .
In the civil law there is also an implied obligation on the part of the lender where the thing has been lost by the borrower ,
and after he has paid the lender the value of it ,
the thing has been restored to the lender ;
in such case the lender must return to the borrower either the price or thing .
Dig .
13 ,
6 ,
17 ,
5 ;
Poth .
Id .
n .
85 . "
The common law seems to recognize the same principles ,
though ,"
says Judge Story ,
Bailm .
Sec .
276 , "
it would not perhaps be easy to cite a case on a gratuitous loan directly on the point ."
See Borrower ;
Commodate ;
Story ,
Bailm .
ch .
4 ;
Domat .
Liv .
2 ,
tit .
5 ;
1 Bouv .
Inst .
n .
1078 ,
et seq .
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