Loan - Commodatum Flashcards
What is a commodatum?
In a commodatum, one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it.
What is the rule with regards to the ownership of the thing to be loaned in a contract of commodatum?
In a commodatum, the bailor retains the ownership of the thing loaned. But also, the bailor need not be the owner of the thing loaned, as there is no transfer of ownership.
What are the rules with regards to what kind of objects can be loaned in a contract of commodatum?
Consumable goods may be the object in a contract of commodatum, provided that it is not used for consumption, such as if it will be used merely for exhibition.
Movable or immovable properties may also be the object of commodatum.
What is the effect on the provision that a commodatum is purely personal in character?
(a) The death of either the bailor or bailee extinguishes the contract.
(b) The bailee can neither lend nor lease the thing loaned to a third person. But members of the bailee’s household may make use of the thing loaned, unless there is a stipulation to the contrary, or unless the nature of the thing forbids such use.
What is the rule on the perfection of a contract of commodatum?
An accepted promise to deliver something by way of commodatum is binding upon the parties, but it is not perfected until the delivery of the object of the contract.
In a commodatum, what rights does the bailee acquire?
The bailee acquires the use of the thing loaned, but not its fruits. Unless, there is a stipulation that the bailee may make use of the fruits of the thing loaned.
If the bailee is required to pay for the use of the thing loaned, the contract ceases to be a commodatum.
Enumerate the five obligations of the bailee under the Civil Code.
(a) To pay ordinary expenses for the use and preservation of the thing loaned.
(b) To be liable for the loss of the thing if he is at fault.
(c) The bailee does not answer for the deterioration of the thing loaned due only to the use thereof and without his fault.
(d) The bailee cannot retain the thing loaned on the ground that the bailor owes him something, even though it may be by reason of expenses. However, he has a right to retention for damages.
(e) When there are two or more bailees in the same contract, they are liable solidarily.
With regards to the obligation to be liable for the loss of the thing loaned due to a fortuitous, what is the rule?
General Rule: The bailee is not liable for the loss of the thing due to a fortuitous event.
Exceptions:
(a) The bailee devotes the thing for any purpose different from that for which it has been loaned.
(b) The bailee keeps the thing loaned longer than the period stipulated, or after the accomplishment of the use for which the commodatum is constituted.
(c) The thing loaned has been delivered with appraisal of its value, unless there is a stipulation to the contrary.
(d) The bailee lends or leases the thing to a third person who is not a member of his household.
(e) If being able to save either the thing loaned or his own thing, the bailee chose to save the latter.
Can the bailor demand the return of the thing even before the expiration of the period stipulated or before the accomplishment of the use for which the commodatum has been constituted?
No, the bailor cannot demand the return of the thing until after the expiration of the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted. However, the bailor in the meantime, should have urgent need of the thing, he may demand its return or temporary use.
Consequent to this, the contract of commodatum will be suspended until the thing loaned will be back in the possession of the bailee.
When can the bailor demand the thing at will?
(a) If neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated
(b) If the use of the thing is merely tolerated by the owner
This contractual relation is called a precarium.
When can the bailor demand the return of the thing?
The bailor can demand the return of the thing if the bailee commits any act of ingratitude.
With regards to the expenses, what are the obligations of the bailor?
The bailor shall refund the extraordinary expenses during the contract for the preservation of the thing loaned, provided the bailee brings the same to the knowledge of the bailor before incurring them, except when they are so urgent that the reply to the notification cannot be awaited without danger.
If the extraordinary expenses arise on the occasion of the actual use of the thing by the bailee, even though he acted without fault, they shall be borne equally both by the bailor and the bailee, unless there is a stipulation to the contrary.
When will the bailor be liable for damages to the bailee?
The bailor who, knowing the flaws of the thing loaned, does not advise the bailee of the same, shall be liable to the latter for the damages which he may suffer by reason thereof.
Likewise, the bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing loaned to the bailee.
