You might be thinking…

• “If it’s free, I can’t be responsible for anything, right?”

• “As long as I return it, a few scratches shouldn’t matter.”

• “If I use it normally, I’m not liable.”

Clients often ask me…

• “What if I accidentally damage the borrowed item?”

• “Can I lend it to someone else or take it for repair?”

• “Do I have to pay for maintenance?”

Legal explanation

Under the Czech Civil Code (§§2194 and 2199), the borrower has the right to use the thing, but must also comply with certain obligations designed to protect both the lender and the property itself.

1. Rights of the borrower (§2194)

• Right to use the thing in the agreed manner
  If the purpose of use is stated in the contract (e.g., testing, household use), the borrower may not use it for anything else.
  If no purpose is specified, it may be used in a manner appropriate to its nature.
  Example: Borrowing a car does not entitle you to use it for paid ridesharing without the owner’s consent.

• Right to free use
  The essence of a loan for use is that it is free of charge. If payment is agreed, it becomes a lease.

• Right to normal use
  The borrower may perform minor maintenance or adjustments that do not alter the substance of the thing.

2. Duties of the borrower (§2199 and following)

• May not transfer the thing to another person without consent
  This is one of the most frequent violations. The borrower cannot “lend it on” — even to family or colleagues.
  Doing so makes them fully liable for any resulting damage.

• Must cover ordinary costs of use
  This includes fuel, basic maintenance, and cleaning.
  Extraordinary costs (e.g., major repairs) are borne by the lender, unless agreed otherwise.

• Liability for damage
  If the borrower damages or destroys the thing, they must compensate the lender — unless they prove the damage would have occurred anyway (e.g., normal wear and tear).
  An exception applies if the lender concealed a known defect (§2195(1)).

• Must return the thing in normal condition
  It must be returned in a state reflecting ordinary use — not in worse condition without legitimate reason.

Common mistakes in practice

1. No written contract – impossible to prove the purpose or scope of use.

2. “I lent it to a friend” – but the friend broke it; legally, the original borrower is liable.

3. Maintenance not addressed in the contract – who pays for servicing, oil, or repairs?

4. No documentation upon return – leads to disputes over “the condition before.”

How to avoid disputes – step by step

1. Write a short contract – even among friends or within a company.

2. Specify the purpose, duration, and extent of use.

3. Include a clause prohibiting transfer to third parties.

4. Record the item’s condition at handover and upon return (preferably with photos).

5. Include clauses on liability for damage and maintenance costs.

Example from practice

Mr. K. borrowed a van from a friend “for the weekend.”
During that time, he let his co-worker drive it — who crashed.
The insurer refused to pay out, since the owner hadn’t consented to another driver.
The lender demanded compensation from Mr. K., who was legally liable, even though he wasn’t behind the wheel.

Lawyer’s recommendation

A loan for use carries more legal risk than people think.
The solution is simple: have a clear written agreement, never hand the item to third parties, and document its condition carefully.

Checklist:

• Do you use the thing only for the agreed purpose?

• Have you avoided giving it to anyone else?

• Do you have records of its condition when borrowed and returned?

• Do you know who covers maintenance and repairs?

FAQ

Can I repair a borrowed item at my own expense?
Yes, for normal maintenance. For extraordinary repairs, you may be reimbursed (§2199(2)).

What if I damage the item accidentally?
You’re liable unless the damage was caused by force majeure or a hidden defect unknown to you.

Can I use the borrowed thing differently than agreed?
No — using it contrary to the contract allows the lender to demand immediate return (§2198(1)).