Legal Definitions - commodatum

Commodatum refers to a legal arrangement, rooted in Roman and civil law, where one party (the lender) freely lends a specific item to another party (the borrower) for the borrower's temporary use. The core understanding is that the borrower will return the exact same item to the lender, in good condition, after using it.

This type of loan is always gratuitous, meaning the lender receives no payment or direct benefit for providing the item; the arrangement is solely for the borrower's advantage. The borrower is expected to exercise a high degree of care in looking after the item and is generally responsible for any damage resulting from their negligence or misuse. However, the borrower is typically not held responsible for loss or damage caused by unforeseen circumstances or accidents beyond their control, provided they were not at fault and used the item strictly according to the agreed terms.

Here are some examples illustrating commodatum:

• Lending a Specialized Tool: Imagine a homeowner, Maria, needs a specific, expensive power washer to clean her driveway, but she doesn't own one. Her neighbor, David, offers to lend her his power washer for the afternoon, free of charge, with the understanding that she will return it by evening. This is a commodatum. David (the lender) provides the specific power washer to Maria (the borrower) for her sole benefit without any cost. Maria is expected to use the power washer carefully and return that exact machine to David in good working order. If Maria accidentally damages the power washer due to improper use, she would be liable. However, if an unforeseen electrical surge beyond her control damaged it while she was using it correctly, she might not be held responsible.

• Borrowing Camping Equipment: A group of friends plans a weekend camping trip and realizes they are short one tent. One friend, Alex, offers to lend his spare tent to another friend, Ben, for the duration of the trip, without asking for any payment. This arrangement constitutes a commodatum. Alex (lender) provides the specific tent to Ben (borrower) for free, and Ben benefits from having shelter. Ben is obligated to return that particular tent to Alex, undamaged, after the trip. If the tent is torn because Ben carelessly set it up against a sharp branch, he would be responsible for the damage. But if a sudden, unexpected hailstorm caused damage while the tent was properly pitched and secured, Ben might not be liable.

• Providing a Projector for an Event: A local non-profit organization is hosting a community workshop and needs a projector for a presentation. A local school, wanting to support community initiatives, agrees to lend them a specific projector for the day, free of charge, with the expectation that it will be returned the next morning. This is an example of commodatum. The school (lender) provides the projector to the non-profit (borrower) for the non-profit's use without any fee. The non-profit benefits by having the necessary equipment for their event. They are responsible for returning the exact same projector in its original condition. If a volunteer from the non-profit accidentally drops and breaks the projector due to carelessness, the organization would be liable. However, if the projector malfunctioned due to an internal defect not caused by misuse, the non-profit would likely not be held responsible.