The etymology of commode refers us to the Latin word commodātum, which can be translated as "loan" . A type of contract through which an object is granted or received in loan , which can be used without being damaged and then must be restored.
The bailment is also known as use loan . One of the parties to the contract delivers a good to the other party for it to use until a certain moment, when it must specify its return.
In this type of contract, the comfortable it is who gives an element to locker to use it for a certain period and then return it. It is important to keep in mind that, while the bailment is being developed, the bartender maintains the property of the borrowed object. This means that ownership and ownership are not transferred, beyond the good in question being used by the tenant.
Another relevant fact to consider is that the bailment is a contract gratuitous : who receives the object does not pay for it. It is not, therefore, a rental . The borrower, however, has the obligation to pay back the loan under the same conditions in which he received it, otherwise he may be forced to pay a certain amount.
Take the case of a man who hires an access service to Internet . The company charges you a certain monthly figure to provide the service, but gives you a modem in bailment (no charge). The user can use the modem while a customer of the company: if you choose to stop hiring the service, you must return the modem.
Specific obligations of the tenant
The part that becomes the owner of the thing borrowed throughout the duration of the bailment contract has a series of obligations well defined by law, which may be slightly different in each country. Taking the Code Spanish as a reference, they are:
* return the product after the end of the loan period, as agreed in the loan agreement. It is important to note that in exceptional cases, the commenter can claim it before this point and the commenter must agree without opposing;
* take care of expenses that they become necessary to use and keep the borrowed thing;
* not to give the borrowed thing a use that exceeds the limits of the contract. At this point, the goodwill of the tenant plays a primary role, since usually the other party cannot monitor the situation;
* take care of the product of any type of deterioration or breakage, and also avoid lending it to a third party outside the contract, since at the time of restitution it must be in very good condition.
Specific obligations of the lender
As in any contract, the bailment specifies obligations for each of the parties. However, given that it is unilateral, those of the commander are born from principles of justice, since they are accidental or eventual:
* if the tenant needs to invest a sum of money Extraordinary to preserve or repair the borrowed thing, the loaner must deliver it. The condition, in an eventual case such as this, is that the former be informed before making the expense, although if it is an emergency it is possible to ignore the notice without losing the right to a refund;
* take care of damage that the tenant may suffer because of any problem caused by the borrowed thing, provided that the reasons are in damage or risks that were of his prior knowledge and that he has not expressed at the time of signing the contract.