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contract de comodat

English translation: Bailment Agreement

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Romanian term or phrase:contract de comodat
English translation:Bailment Agreement
Entered by: Daniela McKeeby
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11:15 Jun 1, 2002
Romanian to English translations [PRO]
Law/Patents
Romanian term or phrase: contract de comodat
act notarial de cedare temporara a unui bun
Daniel NISIOI
Local time: 14:09
Bailment Agreement
Explanation:
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.

Selected response from:

Daniela McKeeby
United States
Local time: 07:09
Grading comment
4 KudoZ points were awarded for this answer

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Summary of answers provided
4 +1Bailment Agreement
Daniela McKeeby
5gratuitous loan agreement
Marian Greenfield


  

Answers


5 mins   confidence: Answerer confidence 5/5
gratuitous loan agreement


Explanation:
loan for which no compensation (interest or other) is paid


    20 years of experience as a financial translator
Marian Greenfield
Local time: 07:09
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 3

Peer comments on this answer (and responses from the answerer)
neutral  Daniela McKeeby: contract de comodat nu se refera la un imprumut ci la dreptul de folosinta temporara a unui bun (casa, automobil, etc)
1 hr

disagree  Elvira Stoianov: nu este imprumut, este folosire
3 hrs

agree  Bogdan Burghelea: you were absolutely right, another option would have been "commodatum contract"
611 days
Login to enter a peer comment (or grade)

3 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
Bailment Agreement


Explanation:
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.




    Reference: http://www1.ficpa.org/prof_dev/certifiedaudit/sig_commrental...
    Reference: http://www.occ.cc.mi.us/buslaw/static/clark46.ppt
Daniela McKeeby
United States
Local time: 07:09
Native speaker of: Native in EnglishEnglish, Native in RomanianRomanian
PRO pts in pair: 103

Peer comments on this answer (and responses from the answerer)
agree  Elvira Stoianov
15 mins
  -> multumesc

agree  Andrei Albu
18 hrs

disagree  Bogdan Burghelea: "bailment", dupa definitia data de Webster, "2 the delivering of goods by one party to another to be held in trust for a specific purpose and returned when that purpose is ended", se refera la ceea ce noi numim "contractul de depozit gratuit"
610 days
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