Cap. 16 · Civil Code (Cap. 16)
Cap. 16 Art. 1838Question as to whether contract is or commodatum locatio et conductio.
Title XV
(1) If any question shall arise as to whether the loan of a thing is by way of a loan for use, or by way of letting and hiring, the person claiming a reward must prove his right thereto by express or tacit agreement.
(2) A tacit agreement may be inferred from the condition of the parties, the quality of the thing, the prolonged use thereof and other circumstances.
Title XVI
OF PRECARIOUS LOAN OR PRECARIUM