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Nature of Commodatum

Section 1

Commodatum
Where the bailor (lender) delivers to
the
bailee
(borrower)
a
nonconsumable thing so that the latter
may use it for a certain time and
return the identical thing.

Commodatum is essentially
gratuitous. (Art. 1935)
Generally non-consumable whether
real or personal property.(Art. 1935 &
1937)
It is a loan for use (Art. 1935)

The ownership of the thing loaned is


retained by the bailor (lender), but
he need not bethe owner of the thing
loaned.
The bailee (borrower) must return
the identical thing and may use it for
a certain time.

Commodatum is purely personal in


character.
a.) The death of either the bailor or
the bailee extinguishes the contract.
b.) The bailee (borrower) can neither
lend nor lease the object of the
contract to a third pearson.