Article 1933-2141 Delivers non- Delivers consumable

Credit Transactions consumable thing thing/money

loan the bailor retained Transferred to the
-All transactions (goods/services)—< the ownership borrower
| Purchases Essentially gratuitous Gratuitous or may be
Promise to pay or deliver in the future onerous (stip to pay
interest)
Contracts of Security return the identical borrower shall pay
1.) Secured Transactions/ Contracts of Real thing the same kind and
Security quality
- encumbrace of property the bailee may use for For consumption
2.) Unsecured transactions/ C. of Personal certain time
Security Real/personal Personal property
- supported only by a promise to pay or property
the personal commitment The bailor may MAY not demand in
demand the returned return before the
Bailment of the thing before lapse of the term
- Delivery of property by one person the expiration of the agreed upon
by another in trust of the specific term (urgent need)
purpose Loss suffered by the The borrower suffers
- With a contract {implied/express) bailor since he is the the loss
that all trust shall be executed owner
faithfully and the property returned MAY purely personal Not so
or duly accounted/ kept until the in character
bailor reclaims it.
*consumable - when used in a manner
Parties: appropriate to its purpose or nature.
1.) Bailor – giver, the one who delivers the
possession/custody if the thing bailed Contract of Loan
2.) Bailee-recipient, the one who receives 1.) Real Contract
- Delivery of the thing is necessary for
Kinds of Contractual Bailment the perfection of the contract
1.) Sole benefit of the bailor 2.) Unilateral Contract
- Gratuitous deposit & mandatum - Once the subject matter has been
2.) Sole benefit of the bailee delivered it creates obligations on
- Commodatum, gratuitous simple the part of only one of the parties.
loan or mutuum E.i borrower
3.) Both benefits of the parties
- Compensation, pledge, bailments Cause or Consideration in a contract of loan
for hire 1.) Borrower = acquisition of the things
2.) Lender=right to demand its return or its
A. Loan equivalent
(Article 1933) Kinds of Commodatum
1.) Ordinary (Art 1933)
Kinds of loan: 2.) Precarium (Art 1947)
- The bailor may demand the loaned
COMMODATUM MUTUUM at will
 (Article 1934)

Accepted promise to deliver something by way

of commodatum or simple loan is binding to the
parties (Consensual contract)

It will only be perfected upon the delivery of the

thing (real contract of loan)

Ex. Approved application for loan tapos

nagexecute na ng mortgage  binding upon
parties to make future loan (consensual pa lang)

COMMODATUM
(Article 1935)

- Gratuitous so it will ceases once if

any compensarionis to be paid. (it is
now a lease contract Art. 1643)

- Right to use is limited to the thing

loaned not the fruits UNLESS there
is a stipulation to the contrary (Art.
1940 in this case, it should be
incidental to the use of the thing.
Kasi kung hindi usufruct to.)

- Similar to donataion.. it confers to

the benefit of the recipient

- If not entitled to the thing =

contract of deposit (A. 1962)