Convention de prêt à usage (Québec)

A Quebec loan for use agreement (convention de prêt à usage), also known as a commodat, is a gratuitous contract governed by articles 2313 to 2326 of the Civil Code of Quebec (C.c.Q.). Under article 2313, a loan for use is defined as a contract whereby a person, the prêteur (lender), delivers a thing to another person, the emprunteur (borrower), for the borrower's use, with the charge of returning it after a certain time. The distinguishing feature of the loan for use is its gratuitous nature: the borrower pays nothing for the privilege of using the property. If any compensation were to be charged, the contract would be characterized as a lease (bail) rather than a loan for use. This contract has ancient origins in Roman law (commodatum) and remains an important instrument in Quebec civil law for formalizing the lending of property between parties. The loan for use applies only to non-consumable property, meaning property that can be used without being destroyed or consumed. The borrower acquires only the right to use the property and must return the exact same thing that was lent, in the same condition, accounting for normal wear and tear. This distinguishes the loan for use from the simple loan (prêt de consommation), where fungible or consumable goods are delivered to be consumed and replaced with equivalent items. The loan for use creates a real contract, meaning it is perfected by the actual delivery of the property to the borrower, and it imposes specific obligations on both the lender and borrower as detailed in the Civil Code.

A Quebec loan for use agreement is needed whenever one party wishes to lend movable property to another party for temporary use without charging any compensation. This situation arises frequently in both personal and business contexts across Quebec. Among friends and family, a loan for use agreement is appropriate when lending valuable items such as vehicles, recreational equipment, musical instruments, specialized tools, electronic devices, or furniture for an extended period. Businesses commonly use this contract when providing demonstration equipment to potential customers, lending specialized machinery to subcontractors, or allowing employees to use company property for personal purposes. Charitable organizations and community groups frequently lend equipment, supplies, or vehicles to volunteers, members, or other organizations under loan for use agreements. In the agricultural sector, farmers may lend equipment to neighboring farms during harvest season. Artists and galleries may enter into loan for use agreements for artworks loaned for exhibitions. Educational institutions may lend equipment to students or researchers for academic projects. The formal agreement is particularly important for valuable property, as it establishes the condition of the property at the time of delivery, the permitted use, the borrower's obligations of care and maintenance, and the terms for return. Without a written agreement, disputes can arise about the condition of the property, the scope of permitted use, and responsibility for damage or loss.

The key elements of a Quebec loan for use agreement include several essential components required by the Civil Code of Quebec. First, complete identification of both the prêteur (lender) and the emprunteur (borrower) is required, including full legal names, addresses, and contact information. Second, a detailed description of the property being lent must be provided, including its condition at the time of delivery and its estimated value, which serves as the basis for any future claims for damage or loss. Third, the permitted use must be clearly defined under art. 2317 C.c.Q., specifying exactly how the borrower may use the property and where it will be used, along with any restrictions on use. Fourth, the duration of the loan must be specified, whether for a fixed period or indefinitely, along with the conditions and procedures for returning the property. Fifth, the borrower's maintenance obligations must be detailed, including the duty of prudence and diligence under art. 2317, ordinary expenses under art. 2322, and any specific care requirements for the particular property. Sixth, insurance requirements should be addressed, specifying whether the borrower must maintain insurance coverage. Seventh, the borrower's liability for damage and loss must be outlined, including the strict liability provisions under art. 2318 for unauthorized use or retention beyond the agreed term. Eighth, the lender's obligations must be stated, including the duty to disclose known defects under art. 2321 and the right to early reclamation under art. 2319. Ninth, a good faith clause pursuant to article 1375 C.c.Q. must be included. Finally, the governing law clause must reference the applicable articles of the Code civil du Québec.