Glossary entry

Portuguese term or phrase:

comodato

English translation:

commodatum

Added to glossary by rhandler
Sep 24, 2003 20:57
20 yrs ago
9 viewers *
Portuguese term

comodato

Non-PRO Portuguese to English Law/Patents
contrato de comodato

Proposed translations

+2
47 mins
Selected

commodatum

Que o Merriam Webster's Dictionary of Law assim define: "a gratutious loan of movable property to be used and returned by the borrower."

No direito brasileiro, o comodato também se aplica a bens imóveis, e sua característica essencial é o empréstimo do bem sem contra-prestação pelo tomador, cuja única obrigação é retornar o bem, ao fim do período contratado, nas mesmas condições em que o recebeu.

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Note added at 275 days (2004-06-26 19:03:25 GMT)
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Veja os diversos usos de \"bailment\", que não têm a ver com o \"comodato\":

bailment
bailment n. 1) the act of placing property in the custody and control of another, usually by agreement in which the holder (bailee) is responsible for the ...
dictionary.law.com/definition2. asp?selected=27&bold=%7C%7C%7C%7C

bailment Definition
bailment. The delivery of an asset by its owner to another person or persons for temporary care. Click here for 25 commission-free trades with Ameritrade! ...
www.investorwords.com/388/bailment.html

bailment
bailment. A temporary transfer of property from a bailor to a bailee. Example: A customer leaves a personal computer with a technician for repair. ...
insurance.cch.com/rupps/bailment.htm

Here\'s more about commodatum:

Commodatum
Article by George Long, M.A., Fellow of Trinity College
on p341 of
William Smith, D.C.L., LL.D.:
A Dictionary of Greek and Roman Antiquities, John Murray, London, 1875.


COMMODA´TUM is one of those obligationes which are contracted re. He who lends to another a thing, for a definite time, to be used for a definite purpose, without any pay or reward, is called by modern writers commodans; the person who receives the thing is called commodatarius; and the contract is called commodatum. The genuine Roman name for the lender is commodator (Dig. 13 tit.6 s7), and the borrower (commodatarius) is \"is qui rem commodatam accepit.\" It is distinguished from mutuum in this, that the thing lent is not one of those things quae pondere, numero, mensurave constant, as wine, corn, &c.; and the thing commodata does not become the property of the receiver, who is therefore bound to restore the same thing. The lender retains both the ownership of the thing and the possession. It differs from locatio et conductio in this, that the use of the thing is gratuitous. The commodatarius is liable to the actio commodati, if he does not restore the thing; and he is bound to make good all injury which befalls the thing while it is in his possession, provided it be such injury as a careful person could have prevented, or provided it be an injury which the thing has sustained in being used contrary to the conditions or purpose of the lending. If a thing was lent to two persons, each was severally liable for the whole (in solidum). In some cases the commodatarius had an actio contraria against the commodans, who was liable for any injury sustained by the commodatarius through his dolus, or culpa; as, for instance, if he knowingly lent him bad vessels, and the wine or oil of the commodatarius was thereby lost or injured. The actio commodati was one of those in which there were two formulae, in jus and in factum. (Gaius, iv.47; Dig. 13 tit.6; Inst. iii.14 §2; Thibaut, System, &c. § 477, &c. 9th ed.

Peer comment(s):

agree airmailrpl : -
13 hrs
Obrigado, airmailrpl
agree Henrique Serra : commodatum is correct, but "bailment" and "loan-for-use" are more common
275 days
Thank you. Commodatum is the technical term. Bailment has other more common meanings (libertação sob fiança), reason why it's more used.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Graded automatically based on peer agreement."
+1
5 mins

gratuitious loan/bailment

Ver:

http://www.proz.com/?sp=h&id=163147&keyword=comodato



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Note added at 2003-09-24 21:04:57 (GMT)
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comodato = the act of lending a not perishable thing;
Peer comment(s):

agree Henrique Serra : bailment is by far the most common translation for comodato
275 days
Something went wrong...
+2
10 mins

Loan for use

de acordo com o dicionário jurídico de Maria Chaves de Mello, comodato deve ser traduzido como "Loan for use" - contrato pelo qual alguém empresta uma coisa a alguém, a título gratuito, segundo o termo e condições pactuadas.
Peer comment(s):

agree Clauwolf : correto
15 mins
obrigado Clauwolf.
agree Henrique Serra : loan-for-use is the second most common translation for comodato
275 days
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