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Legal Definitions - mutuari
Definition of mutuari
Mutuari refers to the act of borrowing.
It describes a transaction where one party temporarily receives something of value from another party, with the understanding and obligation that the item or its equivalent will be returned.
Example 1: A small business, "Green Gardens Landscaping," needs to purchase a new fleet of vehicles to expand its services. Green Gardens approaches a commercial bank to secure a loan for the necessary capital.
This situation illustrates mutuari because Green Gardens Landscaping is borrowing a sum of money from the bank, incurring an obligation to repay the principal amount along with interest over an agreed period.
Example 2: Dr. Anya Sharma, a medical researcher, requires a specialized piece of laboratory equipment for a critical experiment that her own facility does not possess. She arranges with a colleague at a neighboring university to use their equipment for a week.
Here, Dr. Sharma is engaging in mutuari by borrowing the laboratory equipment. She temporarily takes possession and use of the item with the clear understanding that she will return it to the university after her research period concludes.
Example 3: A documentary filmmaker wants to include historical footage from a national archive in their upcoming film. They negotiate with the archive to license the use of specific video clips for a set fee and duration within their production.
This scenario demonstrates mutuari as the filmmaker is effectively borrowing the rights to use the copyrighted historical footage for a specific duration and purpose, agreeing to abide by the terms set by the archive and returning the exclusive usage rights to the archive once the licensing period or film distribution terms expire.
Simple Definition
Mutuari is a Latin term that means "to borrow." In legal contexts, it refers to the act of receiving something, typically money or goods, from another party with the understanding or obligation that it will be returned.