Commodate

In Scotch Law. A gratuitous loan for use. Erskine, lust. b.

3, t. 1, § 20; 1 Bell, Com. 225.

The implied contract of the borrower is to return the thing borrowed in the same condition as received. Judge Story regrets that this term has not been adopted, as mandate has been from mandatum.

Story, Bailm. § 221.

Ayliffe, in his Pandects, has gone further and terms the bailor the comn and the bailee the commodatory, thus avoiding those circumlocutions which, in the common phraseology of our law, have become almost indispensable. Ayliffe, Pand. b.

4, t. 16, p. 517.

Brown, in his Civil Law, vol. 1, 352, calls the property loaned "commodatcd property."

C0MM0DAT0.

In Spanish Law. A contract by which one person lends gratuitously to another some object not consumable, to be restored to him in kind at a given period.