4. Second. It must be given free of charge, because if the compensation is to be paid, in any way whatsoever, it comes under another name, that of recruitment. Ayliffes Pand. B. 4, Tit. 16, No. 516; Louis. Code, art. 2865; Pothier, Pret a Usage, c. 1, art. 1, n.

1, c. 2, art., 3, n. 11. 3. Several things are essential for the establishment of this treaty; First, there must be something that is loaned; And according to civil law, it can be either a movable thing, like a horse, or an immutable thing, like a house or land, or property, or even an intangible thing. But in our law, the contract seems to be completely limited to movable property or personal property and does not extend to real estate. It must be an item that, unlike an item deposited or sold, is loaned or entrusted to another for the needs of the owner. History of Bailm. § 223 in civil law. Anyone who lends one thing to another for a certain period of time in order to enjoy and use it under certain conditions without payment or reward is called “Commodans”; the person receiving the item is called “commodatariua”, and the contract is called “commodatum”. It differs from locatio and conductio, in that the use of the thing is useless. 2.

The loan to use is somewhat similar to a donation, because the lender, as for a gift, gives something to the borrower; but it differs from the latter because there the ownership of the given object is transferred to the recipient; Instead, in the ready-to-use, the given thing is only the use, and ownership of the loaned item remains in the lender. This contract also includes a certain analogy with mutuum or consumer loans; but they differ in that in the loan for the use of lenders retains ownership of the loaned thing, and it must be returned individually; In consumer credit, on the other hand, loaned things such as money, corn, oats, cereals, cider, etc. must be consumed, and the goods they contain are transferred to the borrower, who becomes the lender`s debtor for the same amount of similar items. Poth. Pret a. Use, n. 9, 10. What made you decide to look for commodatum? Please let us know where you read or heard it (including the quote if possible). READY-TO-USE CONTRACTS, or COMMODATUM. A deposit or loan of an item for a certain period of time that can be used by the borrower without paying it. 2 Kent`s Com.

446, 447. Sir William Jones defines it as a deposit of a thing for a certain period of time that can be used by the borrower without paying it. Bailm of Jones. 118. Under the Louisiana Code, section 2864 is an agreement whereby a person delivers an item to another, has used it in accordance with his or her natural purpose or in accordance with the contract by virtue of the borrower`s obligation to return it after using it. This loan is essentially free. The Civil Code, art. 1875, defines it in almost the same terms.

Lord Holt defined this deposit in such a way that goods or movable objects that are useful are lent free of charge to a friend can be used by him: and it is called commodatum, he adds, because the thing must be restored in cash. 2 Ld. Ray. 909, 913. a contract by which one of the parties undertakes to return to the other certain personal effects that it makes available to it so that it can use them without reward; Ready to use. Empty Loan for use. “Commodatum.” Merriam-Webster.com Legal Dictionary, Merriam-Webster, www.merriam-webster.com/legal/commodatum. Retrieved 5 December 2020.

7. In general, it can be said that the borrower has the right to use the thing for the time and for the purposes intended between the parties. However, this right is strictly limited to the express or implied use in the respective transaction; and the borrower will blame himself through any surplus. Bailm of Jones. 68; Cro. Jac. 244; 2 Ld. Raym. 909,916; 1 Const. Rep. So.

Car. 121; Louis. Code: art. 2869; Civil Code, art. 1881; 2 Bulst. 306. 11. It is correct to note that the loan must be lawful for use; a loan of a ladder by Peter to Paul, which allows him to commit a robbery, or a weapon to commit murder, is not a loan for use, but Peter becomes Paul`s accomplice by this act. 17 Duv. No. 503; 6 Duverg. No.

32 10. Ownership of the object loaned for use in a loan remains the property of the lender, Story on Bailment, § 283; Civil Code, art. 1877; Louis. Code, art. 2866.6. Fourth. The property must be loaned in order to be expressly returned to the lender when determining the deposit; And in this respect, it differs from a mutuum or consumer credit, in which the borrowed thing, such as corn, wine and money, must be returned in kind and in quantities. See Mutuum. It follows that a ready-to-use loan can never be of something that must be consumed by use; that when the wine is borrowed to be drunk at a party, even if no return in kind is planned, except, perhaps, to the extent that it is not drunk; Because for everyone else, strictly speaking, it`s a gift. 5. Third. It must be loaned for the use and use of the borrower.

It does not matter whether it is the use that is particularly appropriate for the object on loan, such as the loan of a bed to lie down or as the loan of a horse for riding; it is also a loan if the thing is lent to the borrower for other purposes; as collateral for your own account. History of Bailm. Article 225 However, the rights of the borrower are strictly limited to the actual or implied use agreed by the lender and cannot be legally exceeded. Poth. Pret a Usage, c. 1, §1, art. l, n. 5. Use can be for a limited time or indefinite. 9. Under the common law, this deposit can always be terminated at the lender`s discretion.

(Q. V.) Wine. Abr. Deposit, D; Ferry. Abr. Deposit, D. 8. The borrower`s obligations are to take reasonable care of the borrowed item, use it in accordance with the lender`s intention to restore it in a timely manner and restore it to good condition. History of Bailm. §236; Louis.

Code, art. 2869; Code Civ. 1880. Latin, Lehn, from neutral of commodatus, past partizip from commodare to lend….