Saturday, December 15, 2012

Obligations of the Bailee


What are the Obligations of the Bailee? 
1.   to pay ordinary  expenses for the use and preservation of the thing loaned 
2.   take good care of the thing with the diligence of a good father of a family 
3.   liable for loss, even if through a fortuitous event when:

a.          he devotes the thing to any purpose different from that for which it has been loaned

b.          he keeps it longer than the period stipulated or after the accomplishment of the use for which the commodatum has been constituted

c.          the thing loaned has been delivered with appraisal of its value, UNLESS there is a stipulation exempting the bailee from responsibility in case of a fortuitous event

d.          he lends or leases the thing to a third person who is not a member of his household

e.          being able to save the thing borrowed or his own thing, he chose to save the latter

4.   does not answer for the deterioration of the thing loaned due only to the use thereof and without his fault

5.   cannot retain the thing loaned on the ground that the bailor owes him something, even if it may be by reason of expenses;  however, he may have a right to retain the thing loaned until he is reimbursed for damages only when the bailor, knowing the flaws of the       thing loaned, does not advise the bailee of the same and the latter suffer damages by reason thereof
6.   when there are two or more bailees, they are liable solidarily

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