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.
History. 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.
Structure Georgia Code
Chapter 12 - Rights in Personalty
§ 44-12-110. Kinds of Loans; Nature of Loan for Consumption
§ 44-12-111. Nature of Loan for Use
§ 44-12-112. Borrower's Duty of Extraordinary Care
§ 44-12-113. Loan Beneficiaries and Responsibilities
§ 44-12-114. Right of Borrower to Possession; Action for Interference
§ 44-12-115. When Borrower May Transfer Thing Loaned; Liability of Article to Levy and Sale
§ 44-12-116. Revocability of Loans
§ 44-12-117. Liability for Necessary and Extraordinary Charges and Expenses
§ 44-12-118. Ownership of Increase in Loaned Property
§ 44-12-119. How Loaned Property Used; Acts Considered as Conversion