What is a loan for use?
A loan for use is a contract between two entities (collective/individual) that regulates the loan of an asset and ensures its return in good conditions. This contract is free of charge, and there is no cost associated with the loan of the asset. Parties involved : 1. Lender: owner of the borrowed property 2. Borrower: entity that uses the borrowed asset
What should the contract include?
For this loan to be valid, the following elements must be included: 1. Identification of the parties involved (Lender and Borrower) Example: Manuel da Bolt , domiciled in Lisbon, NIF XXXXXXXXX, holder of Identity Card/Citizen Card no. XXXXXXXXX, issued on 01/01/2018 by the Lisbon Identification Archive, as lender, hereinafter referred to as 1st Contractor. and Maria da Bolt, (...), as the beneficiary, hereinafter referred to as the 2nd Contractor. 2. Identification of the borrowed asset and purpose/use of the vehicle Example: The 1st Contractor is the owner and legitimate possessor of vehicle X, with registration number Y, hereinafter referred to as Object, which must be used for the work of Individual and Paid Transportation of Passengers in Unmarked Vehicles from an Electronic Platform - TVDE. 3. Obligations of the Lender and/or Borrower Example: During the term of the contract, the 1st Contractor undertakes to maintain valid vehicle insurance. 4. Term of the Contract Example: The term of this contract is 1 year from the date of signature and is not extendable under any circumstances. 5. Vehicle return conditions Example: Upon termination of the contract, the 2nd Contractor shall return the Object to the 1st Contractor in the exact condition in which it was received. In addition to the conditions defined above, which must be explicitly stated in the contract for vehicle approval on the platform , the parties are free to include other clauses to define the agreement between them. For vehicle registration in this situation to be accepted, the loan agreement must always be duly signed and attached to the vehicle's Single Vehicle Document/Registration Certificate.
Does the Loan for Use compromise the viability of the insurance?
Under Article 6 of DL No. 291/2007 of 21 August, the obligation to insure the vehicle lies with the vehicle owner. However, there are some exceptions. In particular: 1. Usufruct 2. Sale with reservation of title 3. Financial leasing regime Since loan for use is not an exception, there are 3 options: 1. The insurance is taken out in the name of the vehicle owner (Lender) 2. The insurance is taken out in the name of the fleet (Borrower) and the loan relationship is explicit in the Professional Automobile Insurance Policy (Specific Conditions) 3. The insurance is taken out in the name of the fleet (Borrower) and the insurer certifies the validity of the policy through a declaration that must be submitted as an attachment.
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