5.03.2008

COMODATO / COMODANTE / COMODATÁRIO

Comodato = "commodatum (a gratuitous loan of goods to be temporarily used by" ou "loan for use"
comodante = commodans (he who lends) / lender
comodatário = commodatarius (the person who receives the thing) / borrower
ação de comodato = free lease suit
comodato / alienação fiduciária = loan for use; free lease commodatum; gratuitious use or loan; loan for use; commodate; free lease; bailment
comodato de bens móveis = loan for use of assets; free lease of assets
comodato emergente = venture capital company
contrato de comodato = loan for use agreement, free lease agreement

Black's:
Commodate: Exists where property is loaned gratuitously by owner for sole benefit, accommodation and use of borrower, and specific thing loaned is to be returned.
Commodatum: A gratuitous loan of goods to be temporarily used by the bailee, and returned in specie. He who lends to another a thing for a definite time, to be enjoyed and used under certain conditions, without any pay or reward, is called "commodans"; the person who receives the thing is called "comodatarius" and the contract is called "commodatum". IUt differs from "locatio" and "conductio" in this: that the use of the thing is gratuitous.

Other Law Dictionary:
"COMMODATUM. A contract, by which one of the parties binds himself to return to the other certain personal chattels which the latter delivers to him, to the other certain personal chattels which the latter delivers to him, to be used by him, without reward; loan -for use. Vide Loan for use.
Loan for use agreement for long-term loan for use*: E.g.: Loan for use is a good way for museums to make the most of their collections. The Museum has developed two standard Loan for Use Agreements for its members: One for a Definite Period of Time and one for Long Term Use.
Compare "loan for use" and "loan for consumption".
In Scots Law, a commodate (commodatum) is a gratuitous loan; a loan, or free concession of anything moveable or immoveable, for a certain time, on condition of restoring again the same after a certain time.
It is a kind of loan, or contract, with one difference: the commodate is gratis, and does not transfer the property; the thing must be returned in essence, and without deterioration, so that things which consume by use, or time, cannot be objects of a commodate, but of a loan, because although they may be returned in kind, they cannot in identity.