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ATTY. GAVINO A:
A: A situation in which one person holds personal property, the Bailee acquires the temporary use of the thing but not its fruits since the
ownership of which is in another. Ownership and possession are bailor remains the owner.
separated. The person who has possession is under the obligation to
Q: Can the thing loaned be used by other person/s?
return the same goods, either in the same or in altered form to the
owner, or dispose of them for his benefit, when the purpose of the A: Yes. Unless there is a stipulation to the contrary or the nature of the
bailment shall have been accomplished. thing forbids such use.
e.g pledges
A:
KINDS of bailment for hire
1. Ordinary commodatum; and
- Arises when goods are left with the bailee for some use or
2. Precarium- One whereby the bailor may demand the thing
service by him and is always for some compensation.
loaned at will.
1. Hire of things (location et conductio)- Where goods are delivered
for the temporary use of the hirer;
Q: What are the characteristics of commodatum?
2. Hire of service (location operis faciendi) – Where goods are
delivered for some work or labor upon it by the bailee; A:
3. Hire for a carriage of goods (location operis mercium 1. Real contract – The delivery of the thing loaned is necessary for
vehendarum) – Where goods are delivered either to a common the perfection of the contract.
carrier or to a private person for the purpose of being carried
from place to place; and 2. Unilateral contract- Because once the subject matter has been
delivered, it creates obligations on the part of only one of the
4. Hire of custody (location custodiae)- Where goods are delivered parties.
for storage.
3. Nominate contract- It has been given a specific name by the Civil
Code.
6. Gratuitous contract- As the bailee does not pay the bailor for the
use of the thing.
Q: T/F – Contract of loan is a real contract.
Q: Subject matter of commodatum?
A: False.
Priscilla Villaflor Page 3 of 12
A: Generally, non-consumable things, whether real or person. This but A: (RRL)
conforms to reality, for the baileee cannot use and return something
1. Respect the duration of the loan.
which is consumed when used.
EXPN:
Art. 1947 of the NCC: 3. Be Liable to the bailee for damages for known hidden flaws.
The bailor may demand the thing at will, and the contractual relation is Requisites: (FHANS)
called a precarium, in the ff cases:
a. Existence of Flaws or defect;
a. If neither the duration of the contract nor the use to which the
b. The flaw or defect is Hidden;
thing loaned should be devoted. Has been stipulated; or
c. The bailor is Aware thereof;
b. If the use of the thing is merely tolerate by the owner.
d. Bailor does Not advise the bailee of the same; and
Art. 1948 of the NCC provides:
e. The bailee Suffers damages by reason of said flaw or defect.
The bailor may demand immediate return of the thing if the bailee
commits any acts of ingratitude specified in Article 765.
Q: What are the obligations of the bailor? A: Money or consumable things or fungible goods.
A: A: False.
1. Real contract- The delivery of the thing loaned is necessary for There are exceptions.
the perfection for the contract.
If the exact rate of interest in not mentioned, the legal interest rate is
2. Unilateral contract- Once the subject matter has been delivered, 6%.
it creates obligations on the part of only one of the parties.
In cases such as:
3. Nominate contract- It has been given a specific name by the Civil
1. Indemnity for damages;
Code.
2. Unpaid interest.
4. Principal contract- Its existence is not dependent on another
contract.
5. Informal contract- No particular form is generally required for the Q: T/F- Payment of unpaid or not stipulated is unrecoverable.
contract; it is delivery that perfects the contract;
A: False.
6. Gratuitous contract- If there is no stipulation to pay interest, or
Payment of unstipulated is unrecoverable.
Onerous contract- If there is a stipulation to pay interest.
Art. 1960 of the NCC provides:
A:
Q: What object may be deposited?
1. Real contract- It is perfected by the delivery of the subject matter
A: of the contract.
1. Judicial 2. Unilateral- Gives rise to the principal obligation, on the part of
the depositary, to safely keep the thing and to return it……
Takes place when an attachment or seizure of property in
litigation is ordered. 3. Nominate contract- It has been given a specific named by the
Civil Code.
- Movable
4. Principal contract- Its existence is not dependent on another
- Immovable
contract.
2. Extrajudicial
5. Informal contract- No particular form is required for the contract.
a. Voluntary- delivery is made by the will of the depositor or by two
6. Gratuitous contract- Where the depositor does not pay
or more persons each of whom believes himself entitled to the
compensation to the depositary.
thing deposited. The depositor has complete freedom in choosing
the depositary. NOTE: But it can be an onerous contract (if there is an agreement).
b. Necessary- made in compliance with:
A: Art. 1970 of the NCC provides: Q: What must be returned by the depositary?
2. Obligation to return the thing closed and sealed if delivered in Par.3- If the owner, in spite of such information, does not claim it
such condition. within the period of one month, the depositary shall be relieved of all
responsibility by returning the thing deposited to the depositor.
When there is solidarity or the thing does not admit of division, the
provisions of Articles 1212 and 1214 shall govern. However, if there is
Q: T/F- The thing may be commingled.
a stipulation that the thing should be returned to one of the
depositors, the depositary shall return it only to the person A: False.
designated.
Art. 1976 of the NCC provides:
EXPN:
Q: T/F- Depositary may use the thing deposited.
Art. 1984, par. 2, par.3
A: False.
Priscilla Villaflor Page 8 of 12
WAREHOUSE RECEIPT
EXPN: Art. 1977 of the NCC provides: Unless the deposit is for a valuable consideration, the depositary who
may have justifiable reasons for not keeping the thing deposited may,
The depositary cannot make use of the thing deposited without the
even before the time designated, return it to the depositary and if the
express permission of the depositor. Otherwise, he shall be liable for
latter should refuse to receive it, the depositary may secure its
damages.
consignation from the court.
However, when the preservation of the thing deposited requires its
use, it must be used but only for that purpose.
A: Art. 1989 of the NCC provides: a. The location of the warehouse where the goods are stored;
d. A statement whether the goods received will be delivered or the A receipt in which it is stated that the goods received will be
bearer, to a specified person or to a specified person or his order; delivered to the bearer or to the order of any person named in
such receipt is a negotiable receipt.
e. The rate of storage charges;