The bailment is a contract by which one party gives the other a kind free, furniture or root, to make use of it, out to restore the same species after completion of the legal usoNaturaleza: It is a mere title tenure, since the delivery of the goods recipient (borrower) does not own it. The borrower acquires ownership , not property of the thing. Features a contract agreement, loan agreement nominated, as is regulated in ley.Es a unilateral contract, since it only requires the borrower, which is to return the cosa.Es a free contract, which is essential because but there would be no bailment but degenerate into a Lease . It is a real contract, as required for its further delivery of the thing. ElementoEl contract comes to delivery of possession of cosa.Es free and use power in favor of comodatario.El borrower must return the same thing in the same state. comparison with other contracts and Comodato location: both are designed to use non-expendable things. The difference is that the lease is not real. There are lease from being held, even if not supplying the product with all its efectos.Comodato and enjoyment : in both can not alter the substance of the thing. But the enjoyment the person receiving the thing has ella.Comodato rights and mutual : The essential difference lies in the kind of things and the respective destination. In the mutual is consumption, and its obligation to repay the same amount of things the same kind and quality, and the loan for the application, returning exactly the same as provided on the same donations condiciones.Comodato and : The grant contract is consensual and is perfected by mere consent, and the thing is transferred from donor to recipient. The bailment is satisfied with the delivery of the thing and the transfer does not exist, only the lender allows free use the thing delivered. Formation of contract comodatoEl The promise of art. 2256 determines that the promise of a loan does not use any action against prominent. The rule is justified as a real contract and free, and from the economic point of view there is no movement. However, this does not mean that by means of other rules do not address specific situations, for example, if the borrower future expenses or investments doeth the thing, shall be entitled to recover by way of enrichment Cause. Accordingly, the Code Civil excluded possible legal consequences to the promise of bailment and breach action will not some who have been harmed by such failure. The bailment contract is not only free, but a provision of courtesy. It is an act of good will and human solidarity. milygarcia22Ü == == Who can be a lender is not necessary to own the thing that is given as a loan on it enough to have real or personal right of use and enjoyment. Thing they can not give people who are in possession of a thing with the right to use, where possession has been delivered to them in order not to enjoy that but with a different one. (For example, an administrator , a buyer in the sale to the test, etc.). CapacidadSe discuss whether to give a thing as a loan requires the ability to dispose of assets or simply to manage them. In favor of the first view we note that this is a gratuitous act, whose economic significance can sometimes be very important for the second, that the loan is essentially an act of courtesy, that does not impoverish the lender, who always retains ownership of the cosas.El art. 2257 expresses the invalidity of bailment if the lender is unable. May require the borrower restitution of the thing before the agreed time. The borrower can not oppose the revocation to the lender able or incapaz.El art. 2259 provides that if the borrower was unable to lower their inability prepubescent not authorized to cancel the contract. ObjetoEl bailment must be for a thing real or personal property or non-consumable non-expendable (if it is only for display and not for consumption). The object must be lawful. The Code says it is prohibited to provide anything for a purpose contrary to morals. With the beginning of "mass production" generated a new type of fungibility. Thus, if the object is a mass-produced thing, it is possible the return of "otherwise identical" and could be a new form of bailment. Although the concept of bailment makes it clear that the loan is one thing, it is questionable whether it is possible to perform the duties. There are authors that claim. In some cases it is possible, such as entry into a theater, a trip ticket, etc.. Try Us Form and required test === No form required in any way, just verbal consent. As proof, it supports any means "but the thing lent is worth more than the rate of the law" (law rate: less than $ 10,000 .-) comodatarioUso Obligations of the thing: the borrower can not other use of the thing that had been expressed in the contract, or that what is the thing intended by nature or conservation costumbre.Deber thing: the borrower must make best efforts to conservation thing, and is responsible for all damage suffered by her impairment culpa.Responsabilidad total and partial legal solutions: If the thing deterioration can not be used in ordinary usage, the lender may require the previous value of it, and the return of the cosaSi is partial impairment, the lender should receive the thing and get dañosSi repairing the damage is total, the borrower must pay the current value and actual cosa.Restitución the thing: art. 2271 says that at the end of the contract provided the thing "should be returned to the lender in the state who is, with all its fruits and accessories." Disposal of movable property provided: if the heirs of the borrower, having no knowledge of the loan, might have alienated him something borrowed, the lender may lo.Falta require restitution of the thing lent, if the borrower does not reinstate the thing loaned, the lender will pay the value of it. Obligations comodantePermitir using the thing during the agreed time, if the thing is not given, only a promise of comodato.Responsabilidad hidden defects or flaws of the thing: the lender is responsible for damages caused to borrower by the vices or hidden effects of the thing which he knew, if not advised of his extraordinary existencia.Gastos (conservation): the lender must pay the extra expense caused during the contract for the conservation of thing loaned, provided that the borrower it to their attention before they are. The ordinary expenses incurred by the borrower to use the thing is to cargo.No no right of retention: the borrower can not keep the thing you need to guarantee the lender on account of expenditures made in the bailment cosa.Extinción Cease comodatoLas causes of the cessation of bailment is the extinction of the deadline set by the parties, compliance with the specific purpose of the loan, by death or disappearance with no statement of the borrower, by different use of the thing, by the urgent and unforeseen need of the lender, upon the request of restitution in the nance of restitution in the case poor lending, loss of use, their condition or other circumstances, termination or legal material of the thing. usualesTranscurso cases the term is the main cause for termination of contract. Art. 2271 said that "stops the free loan to complete the term of the contract, or have completed the service for which the thing was paid." Alleged failure to run: if there is no date set for the return of the thing, the lender can ask for it back whenever he wants. In this case, loan, the borrower is called precario.Muerte: the borrower acquired right extends to their heirs, except that the thing was only paid for the use of comodatario.Pérdida of the thing: if there is no object, ending on bailment. If the loss of the thing be a force majeure, the borrower has no responsibility. If, however, whatever other cause, the borrower must pay the value of the thing to the lender. If after the borrower to pay him the value of the thing lost, regained it on or the lender, the lender is entitled to claim and return the money to the unilateral comodatario.Voluntad lender and borrower, when, for example, the lender claims (with permission of the Act) early repayment, when the bailment is precarious. Application in comercialNo exist within the Commercial Code provisions relating the contract of bailment. The use of the loan of property is common and widespread use. A daily example is the sale of packaged products whose packaging be recovered. In this case we face two different contracts: one selling the product, and the other on free loan (also known as loan for use) for the package to be returned or refunded to the merchant. Actions born comodatoAcción contract for the return of the thing given in comodatoAcción to abuse the thing back and damages and damages perjuiciosAcción impairment or loss attributable to the kinds of claims comodatarioAcción against the third purchaser of cosaAcción against the heirs of the borrower who in good faith sold a thing to get your valor.Acción against bad faith heirs sold the thing to get the current value of it and perjuiciosAcción of damages hidden defects of the thing.
