Who bears the loss of an asset contributed for use or enjoyment (LGS art. 49)
Article 49 of the General Companies Law places the risk of loss of an asset contributed for use or enjoyment on the member, unless otherwise agreed, where the loss is not attributable to the company or another member; upon dissolution, the member may demand its return.
What article 49
Article 49 determines who bears the loss of an asset contributed for use or enjoyment and the right to restitution.
If the contribution is one of use or enjoyment, unless otherwise agreed, the member shall bear the total or partial loss where it is not attributable to the company or to any of the other members. Upon dissolution of the company, the member may demand restitution of the asset in the condition in which it is found.
Source: Law 19,550, art. 49 - InfoLEG (updated official text)
Commentary
Because title remains with the member when only use or enjoyment is contributed, that member bears the risk of loss not attributable to the company and may recover the asset upon dissolution. This follows from the fact that ownership was never transferred.
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