COMMODATUM

COMMODATUM (Articles 1935-1952)

1. cause: essentially gratuitous (otherwise, if there Is compensation, it might be lease)

2. purpose: temporary use of the thing loaned but not its fruits, unless stipulated or is
incidental (otherwise, if the bailee is not entitled to the use of the thing, it might be
deposit)

3. subject matter: generally non-consumable goods but if the consumable goods are not
for consumption, such may be the subject of the commodatum, as when merely for exhibition (Art. 1936)

4. bailor need not be the owner of the thing loaned (Art 1938)
• it is sufficient that he has a possessory interest
• a mere lessee or usufructuary may lend but the borrower or bailee himself may not lend not lease the thing loaned to him to a third person (Art. 1932[2])

5. purely personal
a. death of either party terminates the contract UNLESS there is stipulation to the
contrary
b. generally, bailee can neither lend nor lease the object to a 3rd person in the absence of some agreement to that effect
c. use of the thing loaned may extend to the bailee’s household (who are not considered
3rd persons) except:
1. when there is a contrary stipulation
2. nature of the thing forbids such use

6. enjoyment of fruits – a stipulation to make use of fruits is valid, but it is never presumed.
The enjoyment of the fruits must only be incidental to the use of the thing itself, for if it
is the main cause, the contract may be one of usufruct.