ProZ.com global directory of translation services
 The translation workplace
KudoZ home » Portuguese to English » Law/Patents

comodato

English translation: commodatum


GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Portuguese term or phrase:comodato
English translation:commodatum
Entered by: rhandler
Options:
- Contribute to this entry

20:57 Sep 24, 2003Login or register (free) for more options.
Portuguese to English translations [Non-PRO]
Law/Patents
Portuguese term or phrase: comodato
contrato de comodato
asdffff
commodatum
Explanation:
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.

--------------------------------------------------
Note added at 275 days (2004-06-26 19:03:25 GMT)
--------------------------------------------------

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.

Selected response from:

rhandler
Brazil
Local time: 02:50
Grading comment
Graded automatically based on peer agreement.
4 KudoZ points were awarded for this answer



Summary of answers provided
5 +2commodatumrhandler
5 +2Loan for use
Helena Marchão Pires
5 +1gratuitious loan/bailmentAntónio Ribeiro


  

Answers


5 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
gratuitious loan/bailment


Explanation:
Ver:

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



--------------------------------------------------
Note added at 2003-09-24 21:04:57 (GMT)
--------------------------------------------------

comodato = the act of lending a not perishable thing;


António Ribeiro
Australia
Local time: 13:50
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 2244

Peer comments on this answer (and responses from the answerer)
agree  Henrique Serra: bailment is by far the most common translation for comodato
275 days
Login to enter a peer comment (or grade)

10 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
Loan for use


Explanation:
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.

Helena Marchão Pires
Portugal
Local time: 05:50
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 75

Peer comments on this answer (and responses from the answerer)
agree  Clauwolf: correto
15 mins
  -> obrigado Clauwolf.

agree  Henrique Serra: loan-for-use is the second most common translation for comodato
275 days
Login to enter a peer comment (or grade)

47 mins   confidence: Answerer confidence 5/5 peer agreement (net): +2
commodatum


Explanation:
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.

--------------------------------------------------
Note added at 275 days (2004-06-26 19:03:25 GMT)
--------------------------------------------------

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.




    Merriam Webster's Dictionary of Law
rhandler
Brazil
Local time: 02:50
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 7943
Grading comment
Graded automatically based on peer agreement.

Peer comments on this answer (and responses from the answerer)
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.
Login to enter a peer comment (or grade)




Return to KudoZ list


KudoZ™ translation help
The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases.


See also: