Chapter 1

COMMODATU
M
 NATURE OF COMMODATUM

Commodatum
comes from the Latin word
commodore which means to
lend.
refers to gratuitous loan of a
movable property which is to be
returned undamaged to the lender.
Art. 1935
The bailee in commodatum
acquires the used of the thing
loaned but not its fruits; if any
compensation is to be paid by him
who acquires the use, the contract
ceases to be a commodatum.
 ART.1935
Commodatum is essentially gratuitous.
Bailees right of use is limited to the
thing loaned but not to its fruits unless
there is a stipulation to the contrary
Commodatum is similar to a donation in
that it confers a benefit to the recipient
The purpose of the contract is the
temporary use of the thing loaned.
Art. 1936
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.
 ART.1936
General rule: In commodatum, the subject
matter is generally non-consumable things,
whether real or personal.
 ART.1936

Exception: Consumable things may

be the subject matter if the purpose
is not the consumption of the object
but merely for exhibition

If no time for use of the subject

matter is specified, the contract
would be a specie of commodatum
called Precarium
Is the contract a commodatum?
Art. 1937
Movable or immovable
property may be the
object of commodatum.
Art. 1938
The bailor in
commodatum need not be
the owner of the thing
loaned.
 ART.1938

The bailor need

not be the owner
of the thing
loaned since by
the loan,
ownership does
not pass to the
borrower.
Art. 1939
Commodatum is purely personal in character.
Consequently:
(1) The death of either the bailor or the bailee
extinguishes the contract;
(2) The bailee can neither lend nor lease the object
of the contract to a third person. However, the
members of the bailees household may make use
of the thing loaned, unless there is a stipulation to
the contrary, or unless the nature of the
thing forbids such use.
 ART.1939

This article constitutes an exception to the general

rule that all rights acquired by virtue of an
obligation are transmissible
The death of either party terminates the contract
unless by stipulation, the commodatum is
transmitted to the heirs of either or both parties
If there are two or more borrowers, the death of
one does not extinguish the contract in the absence
of stipulation to the contrary
Art. 1940
A stipulation that the
bailee may make use of the
fruits of the thing loaned is
valid.
 ART.1940

The enjoyment of the fruits

must only be incidental to the
use of the thing itself for if it is
the main cause, the contract
may be one of Usufruct
 SECTION 2. Obligations of
the Bailee
Art. 1941
The bailee is obliged to pay for the
ordinary expenses for the use and
preservation of the thing loaned.
 ART.1941

The borrower must take good

care of the things with the
diligence of a good father of a
family
Art. 1942
The bailee is liable for the loss of the thing, even if it should be
through 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;
(3) If the thing loaned has been delivered with appraisal of its value,
unless there is a stipulation exemption 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

General Rule: bailee is not liable for loss or

damage due to a fortuitous event
Reason: bailor retains the ownership of the thing
loaned
Exception: Art. 1942
Purpose: to punish the bailee for his improper
acts although they may not be the proximate
cause of the loss
Art. 1943
The bailee does not answer
for the deterioration of the
thing loaned due only to the
use thereof and without his
fault.
 ART.1943

In the absence of agreement to the

contrary, the depreciation caused by the
reasonable and natural use of the thing is
borne by the bailor.
Bailee is only liable if he is guilty of fault
or negligence or if he devotes the thing to
any purpose different from that for which it
has been loaned
Art. 1944
The bailee cannot retain the thing
loaned on the ground that the bailor
owes him something, even though it
may be by reason of expenses.
However, the bailee has a right of
retention for damages mentioned in
Article 1951.
 Bailees right extends no further than to the
retention of the thing
loaned until he is reimbursed for the damages
suffered by him.
He cannot lawfully sell the thing to satisfy said
damages
In case of pledge, the creditor has the right to
retain the thing pledged until he shall have been
fully paid
There is no adverse possession by bailee when
he retains the thing loaned
Art. 1945
When there are two or more
bailees to whom a thing is
loaned in the same contract,
they are liable solidarily.
 ART.1945

The reason is to safeguard effectively

the rights of the lender
This is an exception by express
provision of law to the general rule
that the concurrence of two or more
parties in the same obligation gives
rise only to a joint obligation