Quod fortunatum sit: clariss. antecess. Basil. Ord. id postulante, pro conseq. in U.I. gradu (quem vocant) docturae has de commodato posit. pub. defendet Ioan. Nevius Argent. die XII. Iulii, Hora locoque consuetis

a minor, having later reached puberty, committed fraud regarding the lent object, he is not held liable.

XXII.

However, one may bring an action for exhibition ad exhibendum a preliminary legal action to produce an object in court against them, not by reason of the contract, but by reason of possession, so that the object may be recovered.

XXIII.

This action concurs with some others, such as the action of the Lex Aquilia a Roman law concerning compensation for property damage, on account of damage wrongfully caused. Likewise with an action for theft, if the borrower used the lent object in a manner other than agreed.

XXIV.

This is, however, provided that one is extinguished by the other: unless perhaps something remains which he has not obtained through the other action.

XXV.

The contrary action, conversely, is granted to the borrower against the lender commodator the person who lends the item or his heirs, so that he may recover necessary expenses if he has spent any on the lent object.

XXVI.

This, however, only has a place when the expenses are great. For minor costs, such as food, or if expenses were made for curing a sick slave, they pertain to the borrower.

XXVII.

It is usually asked in this place whether the borrower has a right of retention over the lent object on account of money owed to him by the lender, or not. I think both can be defended (with a distinction, however).

XXVIII.

There are also other causes for a contrary action: namely, if the lent object was reclaimed at an inconvenient time: or if someone knowingly lent a defective object, and the borrower suffered damage from it.