2 kinds of commodatum:Ordinary – with term but lender may demand return before expirationonly if there is urgent need.Precarium – bailor may demand the thing loaned at will.Bailee acquires use of thing but NOT ITS FRUITS.But parties may stipulate that borrower may use fruits – only incidental tocontract of commodatum.If bailee is not entitled to use the thing – contract of deposit.
Lender need not be the owner of the thing
, enough that he has possessoryinterest or right to use it.Is Purely Personal in character:
GR: DEATH of either party extinguishes contractE: Contrary stipulation that commodatum subsists until purposeis accomplished.
GR: Borrower CANNOT LEND to someone elseE: Use by members of borrower’s householdE to E: There is stipulation to the contraryNature of thing forbids it [example accdg to JP is adildo]OBLIGATIONS OF BORROWER [2LORD]1.ORDINARY EXPENSES - for use and preservation- If, for the purpose of making use of the thing,the bailee incurs expenses other than OP for use or EP for preservation and actual use, he isnot entitled to reimbursement.2.LOSS OF THE THING- GR: borrower not liable if fortuitous eventExceptions: when borrower liable for fortuitous event:
– used for different purpose [also a breach]
- keeps it for longer period than stipulated
Assumption of Risk
– thing delivered with appraisal of value- E: Stipulation exempting bailee
- Lend to 3
person not in borrower’s household
- being able to save either thing borrowed or hisown thing, he chose to save his own.
DETERIORATION - borrower not liable for ordinary deteriorationor wear & tear as natural consequence of its use.- must be without his fault
RETURN OF THE THING - as soon as term expires or purpose isaccomplished- GR: cannot keep thing as security for anythinglender may owe him- E: Damages for hidden defects
2 OR MORE BORROWERS – in the same contract, liability is SOLIDARYOBLIGATIONS OF LENDER [DREF]
RESPECT DURATION– cannot demand return unless period expires or purpose is accomplished- E: Return / temporary use if in Urgent Need –contract of commodatum is deemed suspended- PRECARIUM exists when:
No stipulation for duration or use of thingb.Use is merely tolerated by the owner
BUT lender may not whimsically, arbitrarily or capriciously demand, otherwise liable for Art19,20 and 21 for abuse of right
DEMAND RETURN FOR - Art765 of CC:ACTS OF INGRATITUDE A. Borrower commits offense againstlender’s person, honor or property, hiswife or children under parental authorityB. Borrower imputes to lender any criminaloffense or act involving moral turpitude,even if he proves it.- Except: If crime is against borrower,wife or childrenC. Borrower is legally and morally requiredto support the lender but he refuses to.3.REFUND EXTRAORDINARY EXPENSES
EP From Preservation of thing - Lender should refund borrower - Notice must be given to lender beforeincurring the expense- E: need is urgent that lender cannotbe notified without danger
EP From Actual Use of thing - borne by both on a 50-50 basis- E: Contrary stipulation
FOR DAMAGES FOR - Requisites for Liability:KNOWN HIDDEN FLAWSA. Flaw or defectB. HiddenC. Lender is Aware
JEN LAYGO 2D ‘05JEN LAYGO 2D ‘052