Article 117 of the Property Law stipulates that "the usufructuary right holder has the right to possess, use and profit from the real estate or movable property owned by others according to law".
The difference between loan right and lease right is as follows:
First, whether the salary is different.
Lease is paid use; Borrowing is free to use.
Second, the nature of the contract is different.
The loan contract should be a kind of actual contract, and the relationship of rights and obligations between the lender and the borrower can only be formed after the actual loan. The loan contract shall take effect after the lender provides the loan to the borrower. The lender can cancel the loan before lending the borrowed item, and the lender can stop borrowing during lending the borrowed item.
The lease contract belongs to the promise contract. A non-commitment contract can be established with the consent of both parties, and the delivery of the subject matter by one party is not an important element of the contract. The delivery of the subject matter by the parties belongs to the performance of the contract and has nothing to do with the establishment of the contract.
Third, the rights and obligations are different.
The lender's right is to ask the borrower to return the borrowed things when the contract is terminated.
Lenders are generally not responsible for defects. However, if the lender intentionally conceals the defects of the loan and causes damage to the borrower, it shall be liable for compensation.
The borrower's obligation is to use the borrowed materials in accordance with the contract and return the borrowed materials in time after the contract is terminated. If the borrower violates his obligations, he shall bear civil liability for breach of contract.
The lessee's right is to ask the lessor to deliver the subject matter, and its obligation is to pay the rent.
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