Page:The Civil code of Japan (IA cu31924069576704).pdf/176

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parties agree that such things shall be the subject of a loan for consumption, such a loan is deemed to arise.

589.

An agreement to make a loan ceases to be binding, if either party is adjudged bankrupt.

590.

If in the case of a loan upon interest the thing lent has a latent defect, the lender is bound to furnish in its place a thing free from defects. A claim for damages, however, is not affected thereby.

In the case of a loan without interest, the borrower may return the value of the defective thing. If, however, the lender knew of the defect and concealed it from the borrower, the provisions of the preceding paragraph apply correspondingly.

591.

If the time for the return has not been fixed by the parties, the lender may fix a reasonable time and require the borrower to return within that time.

The borrower may return at any time.

592.

If the borrower cannot return according to the provisions of Art. 587, he must pay as compensation the actual value of the thing; but this does not apply to the case mentioned in Art. 402, 2.

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