By:
Angge Alejandra Jimenez Sapuy
Laura Daniela Restrepo Molina
The commodatum contract
DEFINITION
It is the one in which a person gives another a non-fungible property or piece of furniture so
that he can use it, as a loan, with the obligation to return it.
Applies to things that by their nature are not destroyed or consumed by the use made of
them.
PARTIES TO THE COMMODATUM CONTRACT
Lender: Borrower:
is the person who receives it
is the owner of the thing
as loans for its use and benefit
LEGAL DEFINITION
Art. 2200 C. Civ. The commodatum or
loan for use is a contract in which one of
the parties gives the other a movable or
root species free of charge, so that it can
make use of it, and with the charge of
restoring the same species after
terminate use.
This contract is not perfected except by
the tradition of the thing.
CHARACTERISTIC:
1. It is free: 2. Ownership is not transferred:
it does not generate The lender remains the owner of the
property, although the use,
consideration in favor of the
enjoyment or usufruct passes to the
person who lends the property so
borrower. The thing is simply
that a third party can enjoy it.
delivered as possession and therefore
possession is never configured
CHARACTERISTIC:
3. The borrower must give it the use
4. It is perfected with the delivery of the
indicated in the contract: thing or real estate:
The borrower can only give it the use that The bailment contract is perfected with
was authorized in the mandate contract, the delivery of the good or real estate
being prevented from giving it a different object of the bailment. The law does not
use or destination. (Art. 2202 Civil Code). In contemplate any solemnity, but due to
addition to not being allowed, it is the nature of the loan contract, it must
sufficient cause for the lender to request always be done in writing and preferably
the restitution of the property given on before a notary public.
loan.
DURATION
It can have a definite or indefinite duration.
When a term is set to return the asset
delivered on loan, it must be delivered once
the use for which it was delivered has
ended.
Loan contracts without restitution or
indefinite terms should be avoided.
THE PAYMENT OF EXPENSES IN THE CONTRACT
It is up to the
lender to pay
the extraordinary expenses
and the borrower the
ordinary expenses.
Ideally, the contract should
include who should pay
what, but if this is not
done, the lender should
only pay the extraordinary
ones.
Termination of the
contract
It ends when the deadline or
term set for the restitution of
the property or property expires.
When a term has not been set
for the restitution of the
property, it ends when the use
for which the bailment was
constituted has been given.
IN ADVANCE:
1. If the borrower dies,
unless the thing has
been provided for a particular
service that
cannot be deferred or
suspended.
2. If an unforeseen and urgent need for
the thing occurs to the lender.
3. If the service for which the thing has
been provided has finished or does not
take place.
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