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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