EXCEPTION: (meaning the lender may demand

the immediate return of the thing loaned even if

the period has not yet expired or the purpose has

not yet been served)

1. When the bailor has an urgent need

2. When the bailee commits acts of

ingratitude

3. When it is precarium (naturally, precarium

allows immediate return)

 The immediate demand of return may be permanent or

temporary

o If the return is temporary, the rights and duties of the

bailor and bailee are suspended while the thing is in

possession of the bailor/lender (meaning it will be the

bailor who will pay for the gas, etc while it is in his

possession)

o If the return is permanent, then the contract of

commodatum is extinguished

Art 1947: Precarium

 Precarium: a kind of commodatum where the bailor may demand

the thing at will

o If there is no duration in the contract

o If there is no purpose stipulated

o If use is merely tolerated

 In precarium, the borrower has no right to retain until expiration of

the period OR until the purpose has been accomplished

 Quintos v. Beck: Lessor gratuitously granted to lessee the use of

the furniture in the leased promises subject to the condition that

the lessee would return the furniture upon demand. This is a

precarium.

Art 1948: Bailor may demand immediate return of thing (IN ORDINARY

COMMODATUM) if bailee commits acts of ingratitude

 If the bailee commits offenses against the bailor, his honor,

property, his wife and children under his parental authority

 If the bailee imputes to the bailor any criminal offense or any act

involving moral turpitude, even though he should prove it UNLESS

the act or crime has been committed against the bailee, his wife or

children under his authority

o So if the borrower imputes a crime/act on the lender, and

the lender did such act to the borrower, wife or children,

then the lender cannot demand immediate return

 If the bailee/borrower unduly refuses the bailor support when the

bailee is legally or morally bound to give support

Art 1949: Obligation of bailor to refund extraordinary expenses

 Extraordinary expenses: expenses that were made due to a

fortuitous event in preservation of the thing loaned

o Ex: A borrowed B’s house. The house was damaged by a

typhoon. The expenses for the repairs are extraordinary

expenses

 General Rule: Bailor/Lender must refund to the borrower the

extraordinary expenses incurred by the borrower to preserve the

thing loaned

o BUT, the borrower must notify the lender before actually

incurring them

 However, there is an exception: if the expenses

to be incurred are so urgent that the reply to the

notification cannot be awaited without danger

o Application: If the borrower does not notify the lender of

the extraordinary expenses he will incur, then he will not

be entitled to reimbursement/refund

 As regards extraordinary expenses arising from actual use of

the thing loaned incurred by the borrower, the borrower and

lender will split the expenses EVEN IF the borrower was not at

fault

o Unless there is a stipulation to the contrary: If stipulated

who will bear the extraordinary expenses arising from

actual use

Art 1950: Borrower is not entitled to reimbursement for

extra/unnecessary expenses that is not required for the use and

preservation of the thing

Art 1951: Liability of bailor if bailee suffers damage from hidden flaw or

defect

 Bailor liable to bailee for damages if the following concur:

o There is a flaw/defect in the thing loaned

o The flaw/defect is hidden

o Bailor is aware of the flaw/defect

o Bailor does not advise bailee of the flaw/defect