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

the borrower is lost referring to the loss of rights or objects, and certain others.

XXIX.

A related remedy is compensatio set-off or compensation, which the borrower can oppose when convened by a direct action.

XXX.

I ask by way of conclusion: if the lender contends that he had set a time for the loan, but the borrower defends himself based on the nature of the contract, upon whom does the burden of proof lie? I answer: Upon the lender, as he is alleging something beyond the customary form of this contract. And the Emperors Impp. Imperatores have written back the same.