Credits

• 2 kinds of loan: Mutuum, Commodatum


  1933
• Mutuum


  Ordinary loan with a period
• Commodatum


  Loan with no period (precarium)
• Characteristics of loan


  • Real contract
  • Bilateral
• Consideration


  • Borrower
  • Lender
• Consumable


  Nauubos (gets used up)
• Non-consumable


  Hindi nauubos (does not get used up)
• Fungible


  Allows substitution
• Non-fungible


  Does not allow substitution
• 1934 - Real contract, delivery is required
• If no delivery, consensual contract to create: Deposit, Mutuum, Commodatum
• Commodatum


  Gratuitous, free, real contract, principal (can stand alone), personal (trust)
• Purpose of Commodatum


  Use "jus utendi" right to use
• Principal only - no fruits
• Bailor


  Lender - comodatario
• Bailee


  Borrower - comodante
• 1936 - Subject matter of commodatum is generally non-consumable
• Exception - consumable, if purpose is to exhibit
• 1937 - Commodatum involves both movable and immovable
• 1938 - Bailor need not be the owner, since ownership is not transferred
• 1939 - Commodatum has a personal nature, since there is an element of trust
• General rule: death of either (bailor, bailee) terminates commodatum
• Exception: stipulation
• General rule: Bailee cannot lease/lend it to a third person, because it's personal
• Exception: members of the household (kasama sa bahay, not members of the family)
• Exception to the exception: not allowed if there is a stipulation, nature of the thing forbids its use
• 1940 - General rule: fruits not included in commodatum
• Obligations of Bailee


  • Expenses
  • Ordinary - bailee/borrower (1941)
  • Extraordinary (preservation) - 1st par. GR: Bailor (notice is required) Exception: Urgent and reply cannot be awaited (not required), 2nd par. Born equally by both 50/50 basis (fortuitous event)
  • Ornamental - bailee/borrower (1950)
• Exceptions where bailee bears the loss

  • Bad faith
  • Delay
  • Intention/Appraisal
  • Purely personal
  • Ingratitude
• 1943 - General rule: bailor suffers the deterioration
• Exception: bailee is guilty of fraud, delay, negligence, bad faith
• 1944 - Borrower cannot retain the thing, Exception: claim for damages 1951
• 1945 - Bailee is solidarily liable
• 2 kinds of commodatum

  • Period stipulated or accomplishment of the purpose (1946)
  • Precarium (1947)
• Art. 1946 - Bailor cannot demand return till period expires or purpose is accomplished, Exception: urgent need
• Art. 1947 - Bailor may demand the thing at will in a Precarium if no duration/use stipulated or use is merely tolerated
• Art. 1948 - Bailor may demand immediate return for bailee's act of ingratitude
• Art. 1949 - Bailor shall refund extraordinary expenses, Exception: urgent and reply cannot be awaited
• Art. 1951 - Bailor liable for damages if they don't advise bailee of flaws
• Art. 1952 - Bailor cannot exempt expenses/damages by abandoning the thing