commodatum


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Related to commodatum: Mutuum

commodatum

in Roman law and in Scots law, a proper loan, that is, loan of a thing to be returned in exactly the form in which it was lent. It is a gratuitous contract, the obligation being to return the goods, fair wear and tear excepted. See MUTUUM.

COMMODATUM. A contract, by which one of the parties binds himself to return to the other certain personal chattels which the latter delivers to him, to be used by him, without reward; loan -for use. Vide Loan for use.

References in periodicals archive ?
s homely description of commodatum, (33) Both parties derive an advantage from the bailment, and their respective undertakings are normally embodied in a contract which is amply documented and supported by consideration.
For a discovery of commodatum on highly unusual facts see the decision of the Court of Appel of Sri Lanka in Dhammadasi Them v.
Commodatum typically requires a higher level of care, even if the bailor knows of the defendant's personal foibles and shortfalls.
Nor is it what is called Commodatum, or renting or leasing.
Thus, money may be given by way of many contracts: by way of price for a purchased good; by way of merchandise sold for another money; by way of innominate contract of barter or other, exchanging it for something else or for money; by way of lending called Mutuum, when something else is given back and not the same thing; by way of lending called Commodatum, in order to get back the same thing given; by way of security for what is owed; and by way of rental of a sum so that the same amount that was given is returned, after the person who borrows it takes advantage of its use, by showing his riches, or enjoying its presence, or using its broth, or giving it as security, and so forth.