The Commodatum loan is a contractual relationship often used in the health sector. That is the case, for example. B, refrigerators or other devices made available to hospitals for the storage of medicines for the storage of medicines for the drugs in which they participate. This also applies to devices that are loaned for sample analysis or for the administration of certain treatments. LOAN FOR USE or COMMODATUM contracts. A decomposition or loan of an item for a while, which are used by the borrower without paying it. 2 Kent`s Com. 446, 447. Sir William Jones defines it as a misappropriation of a business for a period of time that should be used by the borrower without paying it. Mr. Jones`Bailm. 118.
According to the louisiana code, Section 2864, it is an agreement by which a person delivers something to another person, uses it according to his natural destination or according to the agreement, under the obligation of the borrower to return it after using it. This loan is essentially free. The civil code, Article 1875, defines it in almost the same terms. Lord Holt defined this bailing in such a way that if useful goods or are lent free of charge to a friend to be used by him; and it`s called Commodatum, he adds, because this thing needs to be restored to its kind. Two ld. Ray. 909, 913. Art. 1935. The bailee at Commodatum acquires the use of the borrowed thing, but not its fruit; if the prince must pay compensation, the contract expires as the commo date.
(1941 bis) In the absence of agreement on the period or use, the Supreme Court held that, under the rules governing the Commo date agreement, the party who lent the object could retrieve it at any time, without the need for a specific reason. Therefore, the court declares that the loan is terminated for use, so that the land user is obliged to evacuate it. It is therefore important to bear in mind that, in the date agreements of denko, the agreed terms will be the determining factor in the recovery of the allocated equipment. What led you to look for commodatum? Please tell us where you read or heard it (including the quote, if possible). In civil law. Whoever lends one thing to another for a while, can be appreciated and can be used under certain conditions, without remuneration or reward, is called “Kommodans”; the person receiving the thing is called commodatariua, and the contract is called “Commodatum.” It is different from locatio and conductio, in this one: that the use of the thing is free.