commodatum

Commodatum is a contract in civil law by which one party, the lender, delivers a non-consumable thing to another, the borrower, for use over a period with the understanding that the borrower will return the exact item after use. It is typically gratuitous, meaning no consideration is exchanged for the loan. Ownership remains with the lender, while possession passes to the borrower for the duration of the agreement.

Obligations of the borrower include taking reasonable care of the item, using it for the agreed purpose, and returning it in the same condition, accounting for ordinary wear and tear. The borrower generally bears the risk of loss or damage caused by misuse or neglect and may be liable for repairs or replacement if damage results from fault. The lender may revoke the loan unless a fixed period or specific terms protect the borrower’s use; upon revocation, the borrower must return the item promptly.

Commodatum is contrasted with mutuum, another Latin loan contract. Commodatum concerns the loan of non-consumable objects for use, with restoration of the exact item after use. Mutuum concerns the loan of consumable or fungible things, which are returned in kind or by value after use. Both are historically part of Roman law and have influenced modern civil-law concepts of gratuitous bailment and loan for use.

Typical examples include lending a book, a tool, or a vehicle for temporary use. If the object is damaged due to the borrower’s fault, liability may attach; if it is lost through no fault of the borrower, liability depends on local rules of bailment and the terms of the agreement.