Title — Decretals of Gregory IX
Title XV: On Loan for Use
Sole Chapter
Latin source headnote: A borrower for use who receives solely for his own benefit is liable even for the slightest fault, but not for accident except in the three cases placed here. And a loan for use is not revoked before completion of the use. This it says.
Gregory IX.
When someone receives a loan for use solely for his own benefit, he is liable even for the slightest fault, although a fortuitous accident ought not to be imputed to him unless it occurred through his fault, or an agreement intervened, or he was in delay. Nor is an action on loan for use rightly brought against him except after completion of the use for whose sake the thing had been lent, since it behooves us not to be deceived but to be assisted by a benefit.
DE COMMODATO.
Commodatarius gratia sui tenetur etiam de levissima culpa non de casu, nisi in tribus casibus hic positis. Et commodatum ante usum completum non revocatur. H. d.
Gregorius IX.
Quum gratia sui tantum quis commodatum accepit, de levissima etiam culpa tenetur, licet casus fortuitus, nisi acciderit culpa sua, vel intervenerit pactum, seu in mora fuisset, sibi non debeat imputari. Contra eum quoque recte commodati non agitur, nisi post usum expletum, cuius gratia res fuerat commodata, quum non decipi beneficio nos oporteat, sed iuvari.