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|Romanian to English translations [PRO]|
|Romanian term or phrase: contract de comodat|
|act notarial de cedare temporara a unui bun|
in acest caz - bailment for the sole benefit of the bailee (Commodatum).
We shall first address the general law of bailments. The early types of bailments were divided into five classes:
(1) depositum, (2) mandatum, (3) commodatum, (4) pignori acceptum, or vadium, and (5) locatum.
Depositum. -- Depositum, or a deposit, is a naked bailment, without reward, of goods to be kept for the bailor, by one usually called a depositary. Custody, as opposed to service, is said to be the chief purpose thereof. But there is a large class of deposits in which there is no actual delivery to keep and no actual agreement to accept the goods or to keep or take care of them, and the contract of the depositary is implied from the nature of the transaction or occurrence by which the property comes into the hands of one not the owner, and from the principles of equity and justice that ought to govern the conduct of men toward each other.
Mandatum. -- Mandatum, a mandate or commission, may be defined as a bailment of goods without recompense, where the mandatary, or person to whom the property is delivered, undertakes to do some act with respect to the thing bailed, as simply to carry it. It is a bailment of something for mere gratuitous service on it by the bailee.
Commodatum. -- A commodatum consists in the gratuitous lending of personal property to be used by the bailee and returned in specie.
Pignori Acceptum or Pignus. -- Pignori acceptum, or pignus, sometimes called vadium, and, in English, a pawn or a pledge, occurs when goods or chattels are delivered to another in pledge, to be security to him for money borrowed or another engagement entered into with him by the bailor.
Locatum. -- Locatum, sometimes designated as locatio et conductio, or a hiring, arises when goods are left with the bailee for some use or service by him, and is always for some reward. This species of bailment has been subdivided as follows: (1) locatio rei, or the hire of a thing, whereby the hirer gains its temporary use; (2) locatio operis faciendi, or the hiring of work or labor on a thing; (3) locatio custodiae, or the hiring of care and pains, or services, to be performed or bestowed on the thing delivered; and (4) locatio operis, mercium vehendarum, or the hiring of the carriage of goods, when they are bailed, either to a public carrier or to a private person for the purpose of being carried from place to place.
8 Am. Jur. 2d Bailments § 16 (1980) (footnotes omitted).
Modern usage, however, divides bailments into three types:
(1) for the sole benefit of the bailor; (2) for the sole benefit of the bailee; and (3) for the mutual benefit of both. This modern classification is comprehensive and includes every kind of bailment. Under it the old Roman divisions group themselves readily. Thus, in the first class -- bailments for the bailor's benefit -- come depositum and mandatum. Commodatum is embraced by the second class, as it is a bailment for the bailee's sole benefit. And the third class, bailments for the mutual benefit of both parties, comprises locatum, with its subdivisions, and pignori acceptum or vadium.
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gratuitous loan agreement
loan for which no compensation (interest or other) is paid
20 years of experience as a financial translator