Nature of Commodatum

What is the Nature of Commodatum?

1.   essentially gratuitous (otherwise, if there is compensation, it might be lease)

2.   temporary use of the thing loaned “for a certain time” (otherwise, if the bailee is not entitled to the use of the thing, it might be deposit)

3.   subject matter:

a.      consumable goods – if the purpose of the contract is not the consumption of the object, as when merely for exhibition (Article 1936)

b.      movable or immovable

4.   bailor need not be the owner (it is sufficient that he has a possessory interest

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 3^rd 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 3^rd 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. PROVIDED, it 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.