Debates and Reflections on the Nature of Borrower's Contractual Liability
SHI Ruike
Abstract：With the development of the market economy and the evolution of social wealth forms,the objects and application scenarios of borrowing contracts have been increasingly expanded,and the issue of liability determination when borrowers breach contracts has become increasingly prominent.There are divergent academic interpretations and prominent judicial practice disputes regarding whether the principle of liability without fault should be applied or whether fault liability in lease or custody contracts should be analogized.Although the Civil Code of the People's Republic of China does not separately stipulate"borrowing contracts"as a typical contract,its normative value cannot be ignored.To clarify the nature of the borrower's contractual liability,we should examine it within the framework of the Civil Code.Given that the system generally adopts the principle of liability without fault,the liability to be borne by the borrower for breach of contract should,in principle,also be liability without fault.
Keywords：borrower's liabilityliability without faultcustodial dutyduty of returncontractual benefits
Publication Date：2026-01-20
Online Publishing Date：2026-01-19(First online date of this platform, not the publication date of the document)
Pages：5( 49-53 )