ART. 2881. [2852.]-The death of one partner dissolves the partnership between the surviving partners, unless there be a contrary stipulation.

C. C. 1108 (1095), 1143 (1136), 1289 (1215); 13 A. 626; 14 A. 11. ART. 2882. [2853.]—If it has been stipulated that, in case of the death of one of the partners, the partnership should continue between the heir of the deceased and the surviving partners, or between the surviving partners only, either of these stipulations shall be observed.

But if the stipulation be, that the partnership shall continue between the survivors only, the heir of the deceased shall be entitled to a division of the partnership property, as it stood at the day of the death of his ancestor, and to a share in the profits of any partnership operation in which his share of the stock was employed, and which was unfinished at that time.

C. C. 1103 (1095), 1143 (1136), 1289 (1215); 13 A. 626.

ART. 2883. [2854.]-The interdiction of one of the partners, or his bankruptcy, has, as to the dissolution of the partnership, the same effect as the death of one of the partners.

ART. 2884. [2855.]—If the partnership has been contracted without any limitation of time, one of the partners may dissolve the partnership by notifying to his partners that he does not intend to remain any longer in the partnership, provided, nevertheless, the renunciation to the partnership be made bona fide, and it does not take place unseasonably.

C. C. 1298 (1221), 2854 (2825), 2876 (2847), § 5; C. N. 1869.

ART 2885. [2856.]—The renunciation is not bona fide when the partner renounces for the purpose of appropriating to himself the profits which the partners expected to receive from the partnership.

C. N. 1870.

ART. 2886. [2857.]-The renunciation is made unseasonably, if it be made at the time when things are no longer entire, and when the interest of the partnership requires that its dissolution be postponed. The common interest of the partnership is considered, and not the interest of the partner who opposes the renunciation.

C. N. 1870.

ART. 2887. [2858.]-Although the partnership may have been entered into for a limited time, one of the partners may, provided he has just cause for the same, dissolve the partnership before the time, even where inconveniences might result for the partners, and although it might have been stipulated that the partners could not desist from the partnership before the stipulated time.

C. C. 2877 (2848); C. N. 1871; 18 L. 341, 345.

ART. 2888. [2859.]-There is just cause for a partner to dissolve the partnership before the appointed time, when one or more of the partners fail in their obligations, or when an habitual infirmity prevents him from devoting himself to the affairs of the partnership, which require his presence or his personal attendance.

C. N. 1871.

ART. 2889. [2860.]—The renunciation of the partnership by one of the partners does not operate the dissolution of the partnership, unless it be notified to all the other partners.

. 16 A. 31.

ART. 2890. [2861.]—The rules concerning the partition of successions, the manner of making such partition, and the obligations which result from the same, between heirs, apply to part

ners.

C. C. 1292 (1214); C. N. 1872; 13 L. 279; 2 A. 87; 14, A. 740, 742; 15 A. 350; 24 A. 391.

TITLE XII.

OF LOAN.

ART. 2891. [2862.]—There are two kinds of loans:

The loan of things, which may be used without being destroyed;

And the loan of things, which are destroyed, by being used. The first kind is called loan for use or commodatum.

The second kind is called loan for consumption or mutuum.

C. N. 1874.

ART. 2892. [2863.]-This second kind is still subdivided into gratuitous loan, and loan on interest.

10 A. 342.

CHAPTER 1.

Of the Loan for Use, or Commodatum.

SECTION 1.

Of the Nature of the Loan for Use.

ART. 2893. [2864.]-The loan for use is an agreement, by which a person delivers a thing to another, to use it according to its natural destination, or according to the agreement, under

the obligation on the part of the borrower, to return it after he shall have done using it.

C. N. 1875.

ART. 2894. [2865.]-This loan is essentially gratuitous; otherwise it would be a letting or hiring.

C. N. 1876.

ART. 2895. [2866.]—The lender remains proprietor of the thing lent.

C. N. 1877.

ART. 2896. [2867.]—Every thing which is in commerce, and which is not consumed by use, may be the object of this agree

ment.

C. N. 1878.

ART. 2897. [2868.]—The obligations entered into by the loan for use, are binding upon the heirs of the lender and of the bor

rower.

But if the loan has only been made on account of the borrower, and to him personally, then his heirs can not continue to possess the thing lent.

C. N. 1879.

SECTION 2.

Of the Engagements of the Borrower for Use.

ART. 2898. [2869.]-The borrower is bound to keep and preserve, in the best possible order, the thing lent. He can use it only in the manner for which it is fitted by its nature, or which is allowed by the agreement, under the penalty of damages.

C. N. 1880.

ART. 2899. [2870.]-If the borrower employs the thing to another use or for a longer time than has been agreed on, he shall be liable for the loss which may happen, although the same might have happened by chance.

C. C. 1911 (1905), § 3; C. N. 1881.

ART. 2900. [2871.]-If the thing lent be destroyed by a chance which might have been prevented by the borrower in making use of his own, or if, unable to preserve both, he has preferred preserving his own, he is answerable for the loss of the other.

C. N. 1882.

ART. 2901. [2872.]-If the thing has been valued at the time of lending it, the loss which results, even by chance, is on account of the borrower, unless there has been a contrary agreement.

C. N. 1883.

ART. 2902. [2873.]—If the thing be made worse by the effects of the use alone for which it was borrowed, and without any fault on the part of the borrower, he is not answerable for the

same.

C. N. 1884.

ART. 2903. [2874.]-The borrower is not at liberty to keep the thing as a compensation for what the lender owes him.

C. N. 1885.

ART. 2904. [2875.]—If, in order to use the thing, the borrower be compelled to go to some expense, he has no right to be reimbursed by the lender.

C. N. 1886.

ART. 2905. [2876.]-If several persons have jointly borrowed the same object, they are bound for it in solido to the lender. C. C. 2091 (2086); C. N. 1887.

SECTION 3.

Of the Obligations of the Lenders for Use.

ART. 2906. [2877.]-The lender can take back the thing lent, only after the time agreed on; or, if no agreement has been entered into in that respect, after it has been employed to the use for what it was borrowed.

C. N. 1888.

ART. 2907. [2878.]—Nevertheless, if during the interval, or before the borrower has done with the thing, the lender be in an urgent and unforeseen need of this thing, the judge may, according to circumstances, compel the borrower to return it to him.

C. N. 1889.

ART. 2908. [2879.]-If, during the loan, the borrower was obliged for the preservation of the thing to go to some extraordinary expense, necessary and so urgent that he could not give notice of the same to the lender, the lender shall be bound to reimburse him for the same.

C. N. 1890.

ART. 2909. [2880.]-When the thing lent has defects of such a nature that it may occasion injury to the person who uses it, the lender is answerable for the consequences, if he knew the defects and did not apprise the borrower of them.

C. N. 1891.

CHAPTER 2.

Of the Loan for Consumption, or Mutuum.

SECTION 1.

Of the Nature of the Loan for Consumption.

ART. 2910. [2881.]-The loan for consumption is an agreement by which one person delivers to another a certain quantity of things which are consumed by the use, under the obligation, by the borrower, to return to him as much of the same kind and quality.

C. N. 1892.

ART. 2911. [2882.]-By the effect of this loan the borrower becomes the owner of the thing lent, and if it be destroyed, in whatever manner the same may have happened, the loss is on his account.

C. N. 1893; 17 A. 261, 263.

ART. 2912. [2883.]-Any thing which is such that it may be returned of the same kind and quality, may be given as a loan for consumption; but things which, although of the same kind, still may differ from each other in quality, as beasts and the like, can not be lent after this manner.

C. N. 1894; 17 A. 261, 263.

ART. 2913. [2884.]-The obligation which results from a loan of money, can never be more than the numerical sum mentioned in the contract.

If there has been augmentation or diminution in the value of the money before the time of the payment, the debtor is bound to return nothing more than the numerical sum which was lent to him, in such money as has currency at the time of the pay

ment.

(Am'd.) C. N. 1895; 17 A. 261, 263.

ART. 2914. [2885.]—The rule in the preceding article does not obtain, if the loan has been made in bullion.

C. N. 1896.

ART. 2915. [2886.]-If provisions have been lent, whatever be the increase or diminution of their price, the debtor is still bound to return the same quantity and quality, and he is bound

to return no more.

C. N. 1897.