Can I give away an agricultural vehicle (tractor and cutters) with a form of free loan? If possible, would I be liable for any damage resulting from incorrect or accidental use of the same?

edited by Dr. Giuseppe Marrone

Agricultural machinery and equipment may be transferred to third parties free of charge (type of contract governed by Articles 1803 et seq.).

It is recalled that, in any case, it is necessary to comply with the provisions of Article 72 of Legislative Decree no. 81 of 2008 on occupational safety, namely:

a) if we grant agricultural machinery in use, we must certify to those who receive it in use, under their own responsibility, that the same at the time of delivery, comply with the safety requirements laid down by the aforementioned regulation (see Annex V describing the general requirements applicable to all work equipment);

b) if, on the other hand, we dispose of work equipment in use, its good state of preservation, maintenance and safety performance must be attested.

It is therefore necessary to draw up and attach to the loan the above statements that the borrower must receive together with photocopies of the books of maintenance and correct use of the equipment.