What is Commodatum?

NATURE OF COMMODATUM
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. (1941a)

KINDS OF COMMODATUM
1. ORDINARY COMMODATUM
2. PRECARIUMone whereby the bailor may demand the thing loaned at
will

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. (n)

Art. 1937. Movable or immovable property may be the object of

commodatum. (n)

Art. 1938. The bailor in commodatum need not be the owner of the thing
loaned. (n)

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 bailee's 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. (n)

Art. 1940. A stipulation that the bailee may make use of the fruits of the thing
loaned is valid. (n)
NATURE OF COMMODATUM SUMMARIZED

1. COMMODATUM IS ESSENTIALLY GRATUITOUS

a.

A commodatum is essentially gratuitous

b. The contract ceases to be a commodatum if any compensation is to

be paid by the borrower who acquires the use
c. A commodatum is similar to a donation in that it confers a benefit to
the recipient

2. EXTENT OF BAILEES RIGHT TO USE is limited to the thing loaned but not to
the fruits unless there is stipulation to the contrary
a. As the bailor is the owner of the thing loaned, the bailor is naturally entitled
to its fruits

3. CAN THERE BE A STIPULATION GRANTING THE BAILEE USE OF THE

FRUITS? Of course. The law sanctions such stipulation BUT such use should only
be incidental and not the main cause of the contract. Because if it is the main
cause, then the contract may that one of a usufruct.

4. The PURPOSE of a commodatum is the temporary use of thing loaned

a. If the bailee is not entitled to the use of the thing loaned, the contract may
be that of deposit

5. The SUBJECT MATTER is generally a non-consumable things, whether real

or personal
a. It may be the case that the purpose is for exhibition only of the thing
loaned. If this is the case, then the subject matter may be that of a
consumable thing

6. The bailor NEED NOT BE THE OWNER of thing loaned

7. Commodatum is PURELY PERSONAL in character.

Consequently:
a.

The death of either the bailor or the bailee extinguishes the contract;

b. 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 the thing forbids such use.

SOURCE: http://www.batasnatin.com/law-library/civil-law/obligations-andcontracts/748-nature-of-commodatum.html