Chapter 1. - Commodatum 1. Characteristics
Chapter 1. - Commodatum 1. Characteristics
— Commodatum
1. Characteristics
Real contract
Unilateral contract
Essentially gratuitous
Purpose is to transfer the temporary use of the thing loaned
Principal contract
Purely personal contract 1
2. Kinds of Commodatum
a. Ordinary
- bailor cannot just demand the return of the thing at will
- because there is a period agreed upon by the parties2
b. Precarium
- bailor may demand the thing loaned at will in the following cases:
i. duration of the contract had not been stipulated;
ii. use to which the thing loaned should be devoted had
not been stipulated; or
iii. use of the thing is merely by tolerance of the owner 3
However, if the purpose of the contract is not the consumption of the object as
when it is merely for exhibition, consumable goods may be the subject of the
commodatum. 4
JURISPRUDENCE:
OBJECT: Consumable goods may be the subject of commodatum if the purpose of the contract
is not the consumption of the object, as when it is merely for exhibition. 5
1
1939
2
Art. 1933
3
Art. 1947
4
Art. 1936 & 1937
5
Producers Bank of the Philippines Vs. Court Of Appeals, G.R. No. 115324, February 19, 2003
The borrower should defray the expenses for the use and preservation
of the thing loaned for after all, he acquires the use of the same, and he is
supposed to return the identical thing.6
JURISPRUDENCE:
LIABILITY FOR LOSS. A bailee in a contract of commodatum is liable for loss of the thing, even
if it should be through a fortuitous event: (2) If he keeps it longer than the period stipulated (3)
If 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. 9
6
Page 18, Comments and Cases on Credit Transaction by De Leon
7
Art. 1174
8
Art. 1942
9
Republic of the Philippines vs. Bagtas, G.R. No. L-17474, October 25, 1962