What are Differences Between the Two Kinds of Loan?
COMMODATUM
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MUTUUM (SIMPLE LOAN)
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Ordinarily not consumable
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Money or other consumable thing
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Ownership is retained by the lender
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Ownership is transferred to the borrower
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Essentially gratuitous
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Gratuitous or onerous, that is with stipulation to pay interest
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Borrower must return the same thing loaned
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Borrower need only pa the same amount of the same kind and quality
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May involve real or personal property
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Only personal property
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Loan for use or temporary possession
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Loan for consumption
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Bailor may demand the return of the thing loaned before the expiration of the term in case of urgent need
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Lender may not demand its return before the lapse of the term agreed upon
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Loss of the subject matter is suffered by the bailor since he is the owner
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Borrower suffers the loss even if caused exclusively by a fortuitous event and he is not therefore discharged from his duty to pay
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Purely personal
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Not purely personal
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