Statute
Civil Code
Article
Art. 1933
Topic
LOAN General Provisions
Book
BOOK IV Obligations and Contracts
Title
TITLE XI LOAN General Provisions
Formerly
Art. 1740a of the old Civil Code
Year
1949

The provision

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. 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. (1740a)

Cases applying this article

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