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. n) COMMODATUM SUMMARY NATURE1. COMMODATUM IS ESSENTIALLY GRATUITOUS A. A commo date is essentially free b.
The contract expires as a commote date if the borrower who acquires the usec must pay compensation. A commodatum looks like a gift because it gives the receiver an advantage2. EXTENT OF BAILEE`S RIGHT TO USE is limited to the borrowed object, but not to the fruit, unless there is a provision to the contrary. The Bailor being the owner of the borrowed thing, the Bailor is naturally entitled to its fruits3. IS A STIPULATION GRANTING THE BAILEE USE OF THE FRUITS? Of course. The law punishes such a provision, but such use should be incidental and not the main cause of the contract. Because if this is the main cause, then the contract may be one of a usufruit.4 The PURPOSE of a Commo date is the temporary use of thing loaneda. If the bailee is not allowed to use the borrowed thing, the contract may be the surety5. SUBJECT MATTER is generally a non-consumable, real or personal. The goal may be to expose only the thing. If this is the case, the object can be a consumable6.
The Bailor NEED NOT BE THE OWNER of thing loaned 7. The commo date is purely personal. Therefore: a. The death of the bailer or the bailenes annuls the contract; B. 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. 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. (1941 bis) In the absence of agreement on the period or use, the Supreme Court held that, under the rules governing the Commo date agreement, the party who lent the object could retrieve it at any time, without the need for a specific reason. Therefore, the court declares that the loan is terminated for use, so that the land user is obliged to evacuate it. It is therefore important to bear in mind that, in the date agreements of denko, the agreed terms will be the determining factor in the recovery of the allocated equipment.
> The above is a necessary consequence of the fact that Commodatum and Mutuum are genuine contracts that require the delivery of the object to their perfection 1.