Atty. Javier lecture.
LOAN
Two kinds: commodatum and mutuum
As to the nature of a contract of loan it is a
real contract which is perfected upon
delivery of the thing. A debtor or a
borrower cannot be considered to be in
default if he has not yet received a thing
even if it be the due date and that is the
only time that the borrower will receive it
or thereafter he is not in default yet
because the contract has not as of that
time been perfected yet so there can be
no delay or default yet.
Commodatum it is a gratuitous contract
by virtue of which the lender or the bailor
delivers a thing which the borrower may
use for a certain time and return.
GRATUITOUS CONTRACT- if payment is
involved it may be a different contract
such as a contract of lease now I
mentioned that the purpose is for the
borrower to be able to use the thing if use
is not the principal cause of the Contract
for the borrower then it may be in different
contract such as a deposit.
Generally, the borrower acquires
temporary use of the object but not of the
fruit. The object it says we produce fruits
like literally our tree may bear apples take
the borrower does not acquire the right to
use the fruits simply because ownership
of that thing is not transferred to the
borrower
XPN:
The parties may expressly stipulate that
the Bailee or the borrower may be granted
the use of the fruits, but this use of the
fruits must be merely incidental the
purpose of the contract for the borrower
must still women to be use of the thing
itself if the purpose of the contract for the
borrower must still remain to be use of is
the thing itself. If the purpose for the
contract for the borrower is the fruits ,then
the contract may be a different contract
such as that of usufruct
THE NATURE OF THE CONTRACT OF
COMMODATUM
1. It is a purely personal contract such
that death of either the bailor, the lender
or the Bailee will extinguish the contract.
Example: let's say parents a husband and
wife allow their child to use an apartment
upon the death of the Father, the mother
sells the apartment to someone else. Now
that third person asks the child to vacate
the premises.
Q: Can the child claim that the
commodatum over the apartment is still
subsisting?
No, by virtue of death of the father, the
contract has been extinguished. The
person who has a better right is the third
person to whom the apartment was
sold. He can now ask a child to vacate
the apartment.
2. next consequence of the contract of
commodatum on being a purely personal
contract is that the borrower cannot lend
the thing to third persons. Because first,
ownership is not with the borrower where
ownership is not transferred but that does
not mean that the Baylor or the lender has
to be the owner, not necessarily. All the
lender needs to have is impulses or
interest or a right to use the thing. The
Baylor does not need to be the owner. A
third person may be the owner because in
the contract of commodatum, it is not
necessary to transfer the ownership to the
Bailee or borrower. All that is transferred
to the bailee or borrower is merely the use
of a thing for a certain time.
