In civil law. Whoever lends one thing to another for a while, can be appreciated and can be used under certain conditions, without remuneration or reward, is called “Kommodans”; the person receiving the thing is called commodatariua, and the contract is called “Commodatum.” It is different from locatio and conductio, in this one: that the use of the thing is free. What led you to look for commodatum? Please tell us where you read or heard it (including the quote, if possible). Art. 1935. The bailee at Commodatum acquires the use of the borrowed thing, but not its fruit; if the prince must pay compensation, the contract expires as the commo date. (1941a) “Commodatum.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/commodatum. Access 5 Dec 2020. LOAN FOR USE or COMMODATUM contracts. A decomposition or loan of an item for a while, which are used by the borrower without paying it. 2 Kent`s Com.
446, 447. Sir William Jones defines it as a misappropriation of a business for a period of time that should be used by the borrower without paying it. Mr. Jones`Bailm. 118. According to the louisiana code, Section 2864, it is an agreement by which a person delivers something to another person, uses it according to his natural destination or according to the agreement, under the obligation of the borrower to return it after using it. This loan is essentially free. The civil code, Article 1875, defines it in almost the same terms. Lord Holt defined this bailing in such a way that if useful goods or are lent free of charge to a friend to be used by him; and it`s called Commodatum, he adds, because this thing needs to be restored to its kind.
Two ld. Ray. 909, 913. 1. ORDINARY COMMODATUM2. PRECARIUM – something in which the Bailor can apply for something at will art. 1936. Consumables may be the subject of a Commo date if the purpose of the contract is not the consumption of the object, but simply an exhibition. n) Art.
1937. The property may be the subject of a commodatum. n) Art. 1938. Bailor in Commodatum does not need to be the owner of the borrowed thing. n) Art. 1939. Commo`s date is purely personal. Therefore: (1) The death of the Bailor or the Bailee annuls the contract; 2. The bailee cannot lend or lease the purpose of the contract to a third party. However, members of the Bailee household may make use of the borrowed thing, unless there is a contrary provision or the nature of the thing prohibits it. n) Art.
1940. A provision allowing the leaseee to use the fruits of the borrowed thing is valid.