Professional Documents
Culture Documents
An agreement based on trust/ belief of someone on the ability of another to comply with his obligations.
INTRODUCTION:
CREDIT:
Denote Financial Accommodation
Obligations—the option to demand a patrimonial prestation and which the law will enforce
Accounting- money owing or due to one person or entity
Business reputation- ability to borrow money by virtue of confidence reposed
By the contract of loan, one of the parties, called the bailor or lender delivers to another called the Bailee or
borrower, either something not consumable so that the latter may use it for a certain time and return the same
thing or money or consumable so that the borrower may consume it with the obligation to pay the same amount of
the same kind or quality
PARTIES:
Lender/ Bailor
Borrower/Bailee
CHARACTERISTICS:
Real- shall not be perfected until the delivery of the contract
Unilateral- there is no contract of loan before delivery of the lender; after delivery the contract is already
unilateral because the obligation is only on the part of the borrower to pay.
KINDS OF LOANS:
Commodatum
Simple Loan/ Mutuum
DISCOUNTING:
Interest in deducted in advance
REVOLVING CREDIT:
Fixed-sum—borrower agrees to take fixed amount of credit and to repay with interest/ other charges and
the transaction is terminated upon full payment.
Credit Line- fixed limit of credit granted by bank, retailer, or credit card issuer.
Revolving Credit- a borrower is given a credit limit which the borrower can draw on
COMMODATUM V USUFRUCT:
COMMUDATUM USUFRUCT
As to right to enjoy
fruits Can’t enjoy fruits Jus Fruendi
Transferability Personal can’t be
transferred May convey
Use by third
persons Not allowed Allowed
Right of Retention
No right of With right of
retention retention
Devotes the thing to any purpose different from that for which it has been loaned
Keeps it longer than period stipulated
The thing is delivered with appraisal of its value unless with stipulation exempting the Bailee
Lends it to 3rd person
If being able to save either the thing borrowed or his own thing, he chose to save the latter.
RIGHT OF RENTENTION:
Can’t retain the thing loaned if the bailor owes him something; has right to retain for damages because of
the flaw or defect in thing of which the bailor was aware
OBLIGATIONS OF THE BAILOR
Gen Rule: Bailor can’t demand the return of the thing until after the expiration of the period
Exceptions:
1. Urgent Need
2. Precarium- neither contract nor use to which the thing is devoted has been stipulated; or use of the thing
is merely tolerated by the owner
3. Bailee commits any act of ingratitude
ACTS OF INGRATITUDE:
1. Commits an offense against the person, honor, property, wife or children of the bailor under his parental
authority
2. Imputes to the bailor any criminal offense
3. Undue refusal to support bailor