Commudatum
-bailee- acquires use of the thing loaned but not its fruits(only right to use)( not the
fruits)
Except :when there is a stipulation to use the fruits
-if there is compensation to be paid for the use the contract ceases to be commodatum
Consumable may be the object of commodatum if it is merely for exhibition
Movable and immovable maybe used in commodatum
The bailor need not be owner of the thing loaned(subleases)
Purely personal to which:
-Death of either off the party extinguishes contract
-Bailee cannot lend nor lease to a third person but members of the household can make
use, unless stipulation to contrary or unless nature of the thing forbids its use
Obligations of bailee
-obliged to pay the ordinary expenses for the use and preservation of the thing loaned
-GR: not liable for fortuitous events except if: DKALS
- Devotes the thing to any purpose different from which it is loaned
- Keeps longer than the period stipulated or after accomplishment of use
- Thing loaned has been delivered with Appraisal value except when there is
stipulation to be free from liability in case of FE
- Lends or leases to a third person who is not a member of his household
- Being able to Save the either the thing borrowed or his own thin he chose to
save the latter.
-does not answer for deterioration due only to the use without his fault
-bailee cannot retain on the grounds that bailor owes him something even if it be by
reason of expenses. But has right of retention for damages by article 1951
(Art 1951)When bailor knew of the flaws but does not advise the bailee shall be liable
for the damages caused bai said flaws.
Obligations of the Bailor
- Cannot demand return not until after expiration of the period stipulated or
accomplishment of use however if he have urgent need he may demand return
or temporary use
- In temporary use commodatum is suspended while thing is in possession of the
bailor
- However can demand the thing at will if it is a precarium
o No duration or use is stipulated
o Use is merely toleration
- He may also demand return if there is ingratitude
-pays extraordinary expenses for the preservation of the thing but must me notified of
such expenses before it is incurred except when it is urgent that reply cannot be
awaited without danger
-Extraordinary expenses arise from the actual use of the thing without fault of bailee.
Bailor and bailee shall bore the expenses equally except when there is stipulation
-For purpose of making use of the thing if bailee incurs other expenses he is not entitled
to reimbuirsement
-cannot exempt self from payment of expenses or damages by abandoning the thing to
the bailee
Mutuum
-a person receives a loan of money or other fungible thing acquires ownership of such.
And bound to pay it with equal amount of the same kind and quality
- if one person a non-fungible(non-consummable) is transferred to another with the
obligation of the latter to give the same kind,quantity and quality is called barter
-If fungible other then money must pay with same kind,quantity, and quality even if it
changes in value. If impossible to deliver value at time of perfection should be paid
-no interest due unless it has been stipulated
-to determine interest if payable in kind its value shall be appraised at the current price
of the thing at time and place of payment
-If borrower pays interes when there has been no stipulation. Solution indebiti or natural
obligations applies- borrower cannot recover something he has given voluntarily
