Commodatum

The bailee in commodatum acquires the use

of the thing loaned but not its fruits; if any
Article 1935 compensation is to be paid by him who
acquires the use, the contract ceases to be a
commodatum.
 • Essentially gratuitous
• Purpose: to transfer the temporary use of the
thing loaned to the bailee
• Use is for a “certain time”
• A real contract  requires delivery of the
Characteristics object for its perfection
of • A principal contract  existence is
Commodatum independent of another contract
• A unilateral contract  after the object is
delivered by the bailor, it creates obligations to
be performed by the bailee
• Purely personal because of trust and belief
given to bailee
 Consumable goods may be the subject of
commodatum if the purpose of the contract is
not the consumption of the object, as when it
Article 1936 is merely for exhibition (Art. 1936)
-1938 Movable or immovable property may be the
object of commodatum (Art. 1937)
The bailor in commodatum need not be the
owner of the thing loaned (Art. 1938)
 • Subject matter of commodatum must be
non-consumable  thing must be returned
• Consumable goods may be the object of
commodatum if purpose is not for
Subject and consumption, but object is on loan, or for
Object of exhibition
• Movable or immovable property may be the
Commodatum object of commodatum
• Lessee may sublease and transfer the thing
that is leased for consideration for as long as
there is no prohibition to sublease
 Commodatum is purely personal in character.
Consequently:

1. The death of either the bailor or the bailee

extinguishes the contract;
Article 1939 2. The bailee can neither lend nor lease the
object of the contract to a third person.
However, the members of the bailee’s
household may make use of the thing
loaned, unless there is a stipulation to the
contrary, or unless the nature of thing
forbids such use.
 • Purely personal
• Rights and obligations of commodatum are
extinguished by death
• Use of the object cannot be ceded to a 3rd
person, with exceptions:
Character of • Members of the household of the bailee (with
conditions)
Commodatum 1. There is no agreement or stipulation to the
contrary
2. Nature of the object forbids such use
• Art. 1939 is an exception to the broader rule
that all rights acquired are transmissible
 A stipulation that the bailee may make use of
Article 1940 the fruits of the thing loaned is valid
 • General Rule: bailee is not entitled to use or
enjoy the fruits of the thing loaned
Use of Fruits • Exception: If there is a stipulation stating
of the Thing such exception
• Enjoyment of the fruits must be incidental to the
Loaned use of the thing
• Stipulation will not impair the essence of the
commodatum
 The bailee is obliged to pay for the ordinary
Article 1941 expenses for the use of the preservation of
the thing loaned.
 • Ordinary expenses for the use and
preservation of the thing loaned must be
Obligations shouldered by the bailee
for Ordinary • Bailee is under obligation to return the
identical thing to the bailor
Expenses • Bailee should take care of the thing with the
diligence of a good father of the family
 The bailee is liable for the loss of the thing, even if it should
be for 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;
Article 1942 3. If the thing loaned has been delivered with appraisal
of its value, unless there is stipulation exempting the
bailee from responsibility in case of a fortuitous event;
4. If he lends or leases the thing to a third person, who is
not a member of his household;
5. If, being able to save either the thing borrowed or his
own thing, he chose to save the latter.
 • Art. 1942 makes the bailee liable even if the
loss is due to a fortuitous event
• Loss
Liability of • A thing is considered loss when it perishes, goes
the Bailee out of commerce, or disappears in such as way
that its existence is unknown or cannot be
recovered
Rationale • Art. 1942 applies in situations where bailee
with the has committed improper conduct
Imposition • Under Art. 1942, it is enough that he laid the
basis for the operation of the loss
of Liability • Not necessary that the acts he committed are
not the proximate cause of the loss
on the Bailee
 The bailee does not answer for the
deterioration of the thing loaned due only to
the use thereof and without his fault (Art.
1943)
The bailee cannot retain the thing loaned on
Article 1943 the ground that the bailor owed him
something, even though it may be by reason
to 1945 of expenses. However, the bailee has a right
of retention for damages mentioned in article
1951 (Art. 1944)
When there are two or more bailees to whom
a thing is loaned in the same contract, they
are liable solidarily (Art. 1945)
 • General Rule: Bailee has no right of retention
on the thing loaned to him
• Exception: When there are hidden defects or
Right of flaws of the thing loaned, of which the bailee
was not warned or advised of
Retention • Remedy in the event of the flaw  right to
retain the thing until he is finally reimbursed
• Bailee has no right to sell the thing to satisfy his
claim for damages
 • Where each one of the debtors is obliged to
pay the entire obligation
Solidary • Types of Solidarity
• Passive Solidarity  solidarity on the part of the
Obligation debtors
• Active Solidarity  solidarity on the part of the
creditors
 The bailor cannot demand the return of the
thing loaned till after the expiration of the
period stipulated, or after the accomplishment
of the use for which the commodatum has
been constituted. However, if in the
meantime, he should have urgent need of the
Article 1946 thing, he may demand its return or temporary
use.

In case of temporary use by the bailor, the

contract of commodatum is suspended while
the thing is in the possession of the bailor.
 • Returned may be demanded by the bailor:
• After the expiration of the period stipulated;
Return of the • After the accomplishment of the use for which
the commodatum has been constituted
Thing • Exception to the rule: when there is an
Loaned; urgent need of the thing loaned during
which the bailor may:
Exception • Demand its return
• Bailor can demand temporary use
• Commodatum is not extinguished, merely suspended
 The bailor may demand the thing at will, and
the contractual relation is called a precarium
in the following cases:
1. If neither the duration of the contract nor
Article 1947 the use to which the thing loaned should
be devoted, has been stipulated; or
2. If the use of the thing is merely tolerated
by the owner.
 • Type of commodatum where the bailee is
bound to return the thing upon demand of
the bailor under the following
circumstances:
1. Duration of the contract had not been
stipulated
Precarium 2. The use to which the thing loaned should be
devoted had not been also stipulated;
3. Use of thing is merely by tolerance of the
owner
• Owner
• Word “owner” is inaccurate because the bailor
need not be the owner of the thing
 The bailor may demand immediate return of
Article 1948 the thing if the bailee commits any acts of
ingratitude specified in article 765
 • Act of Ingratitute
Immediate • Bailee commits offenses against the person,
Demand by honor or the property of the bailor, his wife or
children under his parental authority
Bailor Due • Bailee imputes to the bailor any criminal
offense, or any act involving moral turpitude
to • Bailee unduly refuses the bailor support when
Ingratitude the bailee is legally or morally bound to give
support to the bailor
 The bailor shall refund the extraordinary expenses during
the contract for the preservation of the thing loaned,
provided the bailee brings the same to the knowledge of
the bailor before incurring them, except when they are so
urgent that the reply to the notification cannot be awaited
without danger.

Article 1949 If the extraordinary expenses arise on the occasion of the

actual use of the thing by the bailee, even though he acted
to 1950 without fault, they shall be borne equally by both the bailor
and the bailee, unless there is stipulation to the contrary.
(Art. 1949)

If, for the purpose of making use of the thing, the bailee
incurs expenses other than those referred to in Articles
1941 and 1949, he is not entitled to reimbursement (Art.
1950)
 • Ordinary Expenses
• Shall be paid and shouldered by the bailee
• Bailee is under strict obligation of returning
thing at the proper time and in good condition
• Extraordinary Expenses
Ordinary and • Shall be borne by the bailor
Extraordinary • Bailor shall fully refund to the bailee the
extraordinary expenses incurred by the latter
Expenses provided the bailor has been notified before the
expenses were incurred
• If extraordinary expenses are incurred by the
bailee on occasion of the actual use of the thing,
expenses shall be divided equally between
bailor and bailee
 • Bailee is not entitled to the refund of other
expenses outside Art. 1941 and 1949
Incurring of
• Purpose is to prevent the bailee from
Expenses incurring expenses which are not useful to
the bailor
 The bailor who, knowing the flaws of the thing
loaned, does not advise the bailee of the same,
Article 1951 shall be liable to the latter for the damages which
he may suffer by reason thereof (Art. 1951)
to 1952
The bailor cannot exempt himself from the
payment of expenses or damages by abandoning
the thing to the bailee (Art. 1952)
 • If bailor is aware of the defects or flaws and omitted
to advise the bailee, omission is constituted as
negligence, and bailor is liable for damages
• If bailor is unaware of defects or flaws, he cannot be
Defects or held liable because commodatum is gratuitous and
not onerous
Flaws of • If both the bailor and the bailee are aware of the
Things flaws and defects in the thing loaned, it is assumed
that the bailee has assumed the risk
Loaned • In the event that bailee suffers damages, he can
retain the thing loaned for damages suffered
• Bailor’s liability to pay for extraordinary expenses
cannot be excused by merely abandoning liability to
the bailee