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O.C.G.A. § 44-12-115 — When borrower may transfer thing loaned; liability of article to levy and sale | Georgia Code

O.C.G.A. § 44-12-115 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 44 PROPERTY

Section 12. Rights in Personalty, 44-12-1 through 44-12-322.

ARTICLE 3 BAILMENTS

44-12-115. When borrower may transfer thing loaned; liability of article to levy and sale.

If a loan is for the personal benefit and use of the borrower, he cannot transfer the possession of the thing loaned to another without the consent, express or implied, of the lender. If the loan is for a definite time, the borrower has no such interest in the thing loaned as it may be subject to levy and sale.

(Orig. Code 1863, § 2108; Code 1868, § 2103; Code 1873, § 2130; Code 1882, § 2130; Civil Code 1895, § 2949; Civil Code 1910, § 3521; Code 1933, § 12-506.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 8 Am. Jur. 2d, Bailments, § 51.

C.J.S.

- 8 C.J.S., Bailments, § 36.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.