Obligations of the Bailor

What are the Obligations of the Bailor

DEMAND FOR RETURN:

A. cannot demand the return of the thing loaned till after:

1.    the expiration of the period stipulated or

2.    the accomplishment of the use for which the commodatum has been constituted

HOWEVER, if the bailor should have urgent need of the thing, he may demand the thing:

a.    return

b.    temporary use – in which case, the contract of commodatum is suspended

B. may demand the thing at will (PRECARIUM) in the following cases:

1.    neither the duration of the contract nor the use to which the thing loaned should be devoted, has been stipulated

2.    use of the thing is merely tolerated by the bailor

C. may demand the immediate return of the thing in ordinary commodatum when:

1.    if the bailee should commit some offenses against the person, the honor or the property of the bailor, or of his wife or children under his parental authority

2.    if the bailee imputes to the bailor any criminal offense, or any act involving moral turpitude , even though he should prove it, unless the crime or the act has been committed against the bailee himself, his wife or children under his authority; and

3.    if the bailee unduly refuses the bailor support when the bailee is legally or morally bound to give support to the bailor

EXPENSES:

D. with regard to EXTRAORDINARY expenses:

1.    if for the preservation of the thing loaned, the bailor shall refund the bailee, provided the bailee brings the same to the bailor’s knowledge before incurring the, EXCEPT when they are urgent

2.    if it arises on the occasion of the actual use of the thing, with or without fault, they shall be born equally (e.g. vehicular accident) UNLESS there is a contrary stipulation

E. all other expenses, which are not necessary for the use and preservation of the thing must be shouldered by the borrower

DAMAGES:

F. bailor is liable for damages (with right of retention to the bailee until damages is paid) when the following requisites concur:

1.    there is a flaw or defect in the thing loaned

2.    the flaw or defect is hidden

3.    the bailor is aware thereof

4.    he does not advise the bailee of the same

5.    the bailee suffers damages by reason of the flaw or defect

 G. bailor cannot exempt himself from the payment of expenses or damages by abandoning the thing to the bailee