Chapter 10 Databank Section I: Nature of Commodatum
Art. 1867. A limited partnership formed Article 1935. The bailee in
under the law prior to the effectivity of this commodatum acquires the use of the
Code, may become a limited partnership thing loaned but not its fruits; if any
under this Chapter by complying with the compensation is to be paid by him who
provisions of article 1844, provided the acquires the use, the contract ceases to
certificate sets forth: be a commodatum.
1. The amount of the original contribution of
each limited partner, and the time when the - Consumable goods may be the
contribution was made. subject of commodatum if the
purpose of the contract is not the
2. That the property of the partnership consumption of the object, as when it
exceeds the amount sufficient to discharge is merely for exhibition. (Article
its liabilities to persons not claiming as 1936)
general or limited partners by an amount
greater than the sum of the contributions of - Movable or immovable property may
its limited partners. A limited partnership be the object of commodatum.
formed under the law prior to the effectivity (Article 1937)
of this Code, until or unless it becomes a
limited partnership under this Chapter, shall - The bailor in commodatum need not
continue to be governed by the provisions of be the owner of the thing loaned.
the old law. (Article 1938)
Article 1939. Commodatum is purely
Articles 1933 and 1953 of the Civil Code personal in character. Consequently:
provide the guideposts that determine if a
contractual relation is one of simple loan a. The death of either the bailor or
or mutuum: the bailee extinguishes the
contract
Art. 1933. By the contract of loan, one of
the parties delivers to another, either b. The bailee can neither lend nor
something not consumable so that the latter lease the object of the contract to
may use the same for a certain time and a third person.
return it, in which case the contract is called
a commodatum; or money or other - A stipulation that the bailee may
consumable thing, upon the condition that make use of the fruits of the thing
the same amount of the same kind and loaned is valid. (Article 1940)
quality shall be paid, in which case the
contract is simply called a loan or mutuum. Section II: Obligations of the Bailee
- In commodatum, the bailor retains Article 1941. The bailee is obliged to pay
the ownership of the thing loaned, for the ordinary expenses for the use and
while in simple loan, ownership preservation of the thing loaned.
passes to the borrower.
Art. 1867. A limited partnership formed Article 1935. The bailee in
under the law prior to the effectivity of this commodatum acquires the use of the
Code, may become a limited partnership thing loaned but not its fruits; if any
under this Chapter by complying with the compensation is to be paid by him who
provisions of article 1844, provided the acquires the use, the contract ceases to
certificate sets forth: be a commodatum.
1. The amount of the original contribution of
each limited partner, and the time when the - Consumable goods may be the
contribution was made. subject of commodatum if the
purpose of the contract is not the
2. That the property of the partnership consumption of the object, as when it
exceeds the amount sufficient to discharge is merely for exhibition. (Article
its liabilities to persons not claiming as 1936)
general or limited partners by an amount
greater than the sum of the contributions of - Movable or immovable property may
its limited partners. A limited partnership be the object of commodatum.
formed under the law prior to the effectivity (Article 1937)
of this Code, until or unless it becomes a
limited partnership under this Chapter, shall - The bailor in commodatum need not
continue to be governed by the provisions of be the owner of the thing loaned.
the old law. (Article 1938)
Article 1939. Commodatum is purely
Articles 1933 and 1953 of the Civil Code personal in character. Consequently:
provide the guideposts that determine if a
contractual relation is one of simple loan a. The death of either the bailor or
or mutuum: the bailee extinguishes the
contract
Art. 1933. By the contract of loan, one of
the parties delivers to another, either b. The bailee can neither lend nor
something not consumable so that the latter lease the object of the contract to
may use the same for a certain time and a third person.
return it, in which case the contract is called
a commodatum; or money or other - A stipulation that the bailee may
consumable thing, upon the condition that make use of the fruits of the thing
the same amount of the same kind and loaned is valid. (Article 1940)
quality shall be paid, in which case the
contract is simply called a loan or mutuum. Section II: Obligations of the Bailee
- In commodatum, the bailor retains Article 1941. The bailee is obliged to pay
the ownership of the thing loaned, for the ordinary expenses for the use and
while in simple loan, ownership preservation of the thing loaned.
passes to the borrower.
