Legal Definitions - commodatary

A commodatary is an individual or entity who receives a specific item for temporary use, free of charge, with the understanding that the exact same item will be returned to its owner. This arrangement, known as a commodatum in Roman and civil law traditions, involves a gratuitous loan where the borrower (the commodatary) does not pay for the use of the item. The commodatary is expected to use the item with care and for the agreed-upon purpose.

• Imagine a neighbor, Sarah, asks to borrow her friend Mark's specialized tile cutter for a weekend renovation project. Mark agrees to lend it to her without charging any fee, expecting Sarah to return the exact same tile cutter once her project is complete.

  In this scenario, Sarah is the commodatary. She has received a specific item (the tile cutter) for a temporary, defined use (her renovation project) without paying for its use. She is obligated to return the specific tile cutter to Mark.

• A local community center needs a large projector for a one-day charity event. The director approaches a nearby school, which agrees to lend its high-quality projector for the event, free of charge, on the condition that it is returned the following day in good working order.

  Here, the community center acts as the commodatary. It has been granted the use of a specific piece of equipment (the projector) for a particular purpose (the charity event) without incurring any rental cost. The center is responsible for its careful use and timely return.

• John plans a short camping trip and asks his brother, David, if he can borrow David's sturdy, all-terrain tent for the weekend. David agrees, understanding that John will return the tent clean and undamaged after his trip, and he doesn't charge John for its use.

  In this instance, John is the commodatary. He has received a specific item (the tent) from David for a temporary, gratuitous use (the camping trip) and is responsible for its care and eventual return to David.