[go: up one dir, main page]
Scribd
Upload
63 views2 pages

Purpose Property Object Consideration Right of Retention: Com. Mutuum Deposit

The document compares and contrasts three types of contracts: comodatum (loan for consumption), mutuum (loan for use), and depositum (bailment). Comodatum involves lending an item for consumption where ownership is retained by the bailor. Mutuum transfers ownership to the borrower for a fungible good that is returned in kind. Depositum is the bailment of property where ownership is not transferred and the depositary is responsible only for negligence.

Uploaded by

Steffi Valle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
63 views2 pages

Purpose Property Object Consideration Right of Retention: Com. Mutuum Deposit

The document compares and contrasts three types of contracts: comodatum (loan for consumption), mutuum (loan for use), and depositum (bailment). Comodatum involves lending an item for consumption where ownership is retained by the bailor. Mutuum transfers ownership to the borrower for a fungible good that is returned in kind. Depositum is the bailment of property where ownership is not transferred and the depositary is responsible only for negligence.

Uploaded by

Steffi Valle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Com.

Mutuum Deposit
Purpose Use consumption Safekeeping
property Real / Personal Personal / movable Movable / Immovable
Object Non-fungible consumable
Consideration gratuitous Gratuitous or onerous Gratuitous or onerous
Right of General Rule: No Right of Retention
Retention
Exception
Only due to hidden defects
Ownership Retained by bailor Ownership is transferred Ownership not transferred
Loss due to FE Bailee Not liable unless - By the debtor as ownership is - If without the fault of the
- Used the thing for a different transferred and what is to be depositary, burden on the
purpose returned is a generic thing depositor
- Retained the thing more than
stipulated period or after
accomplishment of the
purpose
- Leased or lend to other
persons
- Delivered with appraisal
value
- Chose to save his own
property given the choice
Expenses - Ordinary expenses for use - Borrower incurs expenses
and preservation bailee
- Extraordinary expenses by
bailor
- If extraordinary due to use,
50-50 unless there is a
stipulation to the contrary
Demand May demand the return - Cannot demand until period
- Urgent need expires
- Precarium - Unless debtor losses the
- Acts of Ingratitude benefit of period due to
insolvency, failure to furnish
securities, impairs the
securities or fails to give a
new one if destroyed due to
FE, attempts to abscond of
violates undertaking
Risk of Loss - Suffered by the Bailor - Suffered by debtor -
Kind of Contract - Real Contract - Real Contract - Real Contract
Relationship of - Purely Personal - Transmissible, not purely
parties personal

You might also like