THESES ON THE LOAN

FOR USE.

I.

An ornamental woodcut initial 'C' featuring foliage and a central face or mask.Since it is not only praiseworthy, but also useful—and I might almost say necessary—for people to assist one another by sharing the use of things through mutual favors, so that in this way the common needs of life may be met, I believe that those who invented the commodatum loan for use acted entirely correctly.

II.

Although "to lend" (commodare) is understood among Cicero and others, in many places, as helping someone in any way and serving their convenience, and often also signifies "to lend mutually" (mutuò dare):

III.

In our civil discipline, however, the commodatum loan for use is correctly defined as a contract of good faith, by which a specific thing is granted to someone gratuitously for a specific use.

IIII.

This use is circumscribed by manner and purpose. Hence arose the saying that is commonly used by our people: that the commodatum is named from "mode" (modus), as if given with a limit. In this respect, it differs from precarium a grant at the request of the borrower, revocable at the will of the lender, in which, even if a time is added, the thing is nevertheless reclaimed as often as it pleases the grantor.

V.

Things are lent that are not less movable than immovable. Ulpian is the witness that the ancient jurists doubted this.

VI.

It does not matter whether they are one's own or another's. Therefore, if someone has granted another a thing belonging to another for use, a commodatum is contracted. For we look at the nature of the benefit of the loan provided, not at the nature of the person of the lender.