Commodate

 

Commodate

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commodate (commodatum), also known as loan for use, in civil law and Scots Law is a gratuitous loan; a loan, or free concession of anything moveable or immoveable, for a certain timeframe, on condition of restoring again the same individual after a certain time.

It is a kind of loan, or contract, with one difference: the commodate is gratis, and does not transfer the property; the thing must be returned in essence, and without deterioration, so that things which consume by use, or time, cannot be objects of a commodate, but of a loan, because although they may be returned in kind, they cannot in identity.



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