Sie sind auf Seite 1von 26

Credit Transactions

Credit Transactions
All transactions

Purchase of loan of goods, services, or money in the present

Promise to pay or deliver

in the future

General Provisions

General Provisions

Article 1933. By the contract of loan, one of the parties delivers to another, either something not consumable so that the latter may use the same for a certain time and return it, in which case the contract is called a commodatum; or money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid, in which case the contract is simply called a loan or mutuum.

General Provisions

Commodatum is essentially gratuitous.

Simple loan may be gratuitous or with a stipulation to pay interest.

In commodatum the bailor retains the ownership of the thing loaned, while in simple loan, ownership passes to the borrower.

General Provisions

PROMISE.

BINDING UPON PARTIES.

PERFECTED ONLY ON DELIVERY.

Commodatum

Section 1. Nature of Commodatum

BAILEE DOES NOT ACQUIRE THE FRUITS

ONLY THE USE OF THE THING LOANED

IF THERE IS COMPENSATION IT IS NOT COMMODATUM

Section 1. Nature of Commodatum

CONSUMABLE GOODS

IF FOR EXHIBITION

Section 1. Nature of Commodatum

MOVABLE

IMMOVABLE

Section 1. Nature of Commodatum

BAILOR

NEED NOT BE THE OWNER

THING OWNED

Section 1. Nature of Commodatum

PURELY PERSONAL

DEATH

CANNOT LEND

Section 1. Nature of Commodatum

AGREEMENT

USE

FRUITS

Section 2. Obligations of the Bailee (5)

Ordinary Expenses

Bailee to pay

Section 2. Obligations of the Bailee (5)

Fortuitous event Purpose different

Bailee is liable

Longer than stipulated or after accomplishment


Thing delivered with appraisal of value Lends to a third person Save his own thing

Section 2. Obligations of the Bailee (5)

Deterioration

Bailee

Section 2. Obligations of the Bailee (5)

Right to damages

Cannot retain thing

Bailee

Section 2. Obligations of the Bailee (5)

Section 3. Obligations of the Bailor (7)

Bailor

cannot demand return of the thing until expiration or accomplishment

Section 3. Obligations of the Bailor (7)

Bailor

Precarium

can demand return of the thing

no duration of contract nor use of the thing loaned the thing is merely tolerated by the owner

Section 3. Obligations of the Bailor (7)

Bailor

Article 765

may demand return of the thing

Section 3. Obligations of the Bailor (7)

Bailor

extraordinary expenses

refund

Section 3. Obligations of the Bailor (7)

Section 3. Obligations of the Bailor (7)

Bailor

Flaws of the thing loaned

Section 3. Obligations of the Bailor (7)

Bailor

Abandonment

Bailee