Loan For Use

A bailment of an article to be used by the borrower without paying for the use. 2 Kent, Comm. (4th Ed.) 573. Loan for use (called commodatum in the civil law) differs from a loan for consumption (called mutuum in the civil law) in this, that the commodatum must be specifically returned; the mutuum is to be returned in kind. In the case of a commodatum,, the property in the thing remains in the lender; in a mutuum, the property passes to the borrower.

The loan for use is an agreement by which a person delivers a thing to another, to use it according to its natural destination, or according to the ageement, under the obligation on the part of the borrower to return it after he shall have done using it Civ. Co.de La. art. 2893. A loan for use is a contract by which one gives to another the temporary possession and use of personal property, and the latter agrees to return the same thing to him at a future time, without reward for its use. Civ. Code Cal. § 1884. A loan for use is the gratuitous grant of an article to another for use, to be returned in specie, and may be either for a certain time or indefinitely, and at the will of the grantor. Co.de Ga. 1882, § 2126. Loan for use (calied "commodatum" in the civil law) differs from a loan for consumption, (called "mu,tuum" in the civll law,) in this: that the commodatum must be specifically returned ; the mutuum is to be returned in kind. In the case of a commodatum, the property in the thing remains in the lender; in a mutuum, the property passeB to the borrower. Bouvier.
—Loan, gratuitous, (or commodate.) A class of bnil-ment which is calied "commodatum" in the Roman law, and is denominated by Sir William Jones a "loan for use," (prit-dt-usage,) to distinguish it from "mutuum," a loan for consumption. It is the gratuitous lending of an article to the borrower for his own use. Wharton.

Defined under Loan in Black's Law Dictionary.