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Nature of Commodatum

The document discusses the nature and obligations of a commodatum contract in the Philippines. A commodatum contract involves loaning something for use, where the bailee acquires use but not ownership or profits, and if compensation is required it is no longer a commodatum. The bailee is obligated to pay ordinary expenses for use and preservation of the loaned item. The bailee is also liable if the loaned item is lost, even due to fortuitous events, if the item is used for a different purpose, kept longer than the stipulated period, or delivered with an appraised value unless there is an exemption stipulation.

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Jay-r Mercado Valencia
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33 views

Nature of Commodatum

The document discusses the nature and obligations of a commodatum contract in the Philippines. A commodatum contract involves loaning something for use, where the bailee acquires use but not ownership or profits, and if compensation is required it is no longer a commodatum. The bailee is obligated to pay ordinary expenses for use and preservation of the loaned item. The bailee is also liable if the loaned item is lost, even due to fortuitous events, if the item is used for a different purpose, kept longer than the stipulated period, or delivered with an appraised value unless there is an exemption stipulation.

Uploaded by

Jay-r Mercado Valencia
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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A.

NATURE OF COMMODATUM

Art. 1935. The bailee in commodatum acquires the used of the thing loaned but not its fruits; if any
compensation is to be paid by him who acquires the use, the contract ceases to be a commodatum.

B. OBLIGATIONS OF THE BAILEE

Art.  1941.  The  bailee  is  obliged  to  pay  for  the  ordinary expenses for the use and preservation of
the thing loaned. (1743a)
 
Art. 1942. The bailee is liable for the loss of the thing, even if it should be through a fortuitous event:

(1)  If  he  devotes  the  thing  to  any  purpose  different  from that for which it has been loaned;

(2) If he keeps it longer than the period stipulated, or after the accomplishment of the use for which the
commodatum has been constituted;

(3) If the thing loaned has been delivered with appraisal of its value, unless there is a stipulation
exemption the bailee from responsibility in case of a fortuitous event;

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