Quod fortunatum sit: clariss. antecess. Basil. Ord. id postulante, pro conseq. in U.I. gradu (quem vocant) docturae has de commodato posit. pub. defendet Ioan. Nevius Argent. die XII. Iulii, Hora locoque consuetis

shipwreck, or an incursion of enemies, the borrower commodatarius the person receiving the loan will not be held liable.

XIIII.

For those things which happen through superior force are not paid for in contracts of good faith bonae fidei contracts based on equity and good faith, unless it has been specifically agreed upon regarding that matter: for then, fortuitous accidents will be paid for no less than fault.

XV.

The reason is this: because since this form is accessory, it can be changed, shaped, and bent according to the will of the contracting parties: just as the distinguished scholar D. Hotomannus François Hotman, a prominent 16th-century jurist argues elegantly on this matter.

XVI.

Or unless that superior force was preceded by the fault of the borrower: for instance, if something was lent to you so that you might have it at home, but you carried it with you abroad, or finally, when he could have kept the lent things safe, he preferred to save his own.

XVII.

It is to be noted here that, as Accursius a medieval glossator and Bartolus a celebrated medieval jurist observed, the borrower should be excused if the lent thing was much less valuable than his own, by the example (he says) of any good man who would have done the same.

XVIII.

Not only must the objects themselves be returned, but also whatever fruits and utility have been perceived from them.

XIX.

Nor does it matter whether the borrower is a father or a son under paternal power, a master or a slave: for in the case of a son under power or a slave, the action will be granted against the father or master only to the extent of the peculium the separate property managed by a subordinate.

XX.

Furthermore, a minor impubes a person under the age of puberty, if he has become enriched thereby, will be held by this action. Otherwise, he will not be bound any more than a madman or one who has lost his mind.

XXI.

This is considered so true by the interpreters that even though