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Comodatos Ejecutados

English translation: Gratuitous loans or bailments completed (secured against inputs/raw materials)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:Comodatos Ejecutados
English translation:Gratuitous loans or bailments completed (secured against inputs/raw materials)
Entered by: cebice
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20:44 Jun 23, 2004
Spanish to English translations [PRO]
Law/Patents - Law (general)
Spanish term or phrase: Comodatos Ejecutados
...promotora XXX, Medellin: Comodato contra insumos.

I looked up "comodato" and translation was "free loan"
I still don't understand what they mean here.
Thanks for your help!
cebice
United States
Local time: 11:20
Gratuitous loans or bailments completed (secured against inputs/raw materials)
Explanation:
I'd steer clear of of 'executed' as that may mean signed up to.

I also believe, as shown below, gratuitous bailment is close enough to the Roman-law concept of afree loan.

'... As the law of bailments establishes a lower standard of care for the bailee in a *gratuitous bailment agreement*, such an agreement or receipt should indicate ...'

'... 1843, ii M. & W. 113), and the transaction being a *gratuitous loan*, and one for ... to use such diligence as a prudent man would exercise towards his own property. ...'


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Note added at 2004-06-24 16:18:14 (GMT)
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7.1911encyclopedia.org/B/BA/BAILMENT.htm
Selected response from:

xxxKirstyMacC
Local time: 17:20
Grading comment
Thank you
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +3restoration OR redelivery of goods under bailmentJane Lamb-Ruiz
5ver explicación
Karina Pellegrineschi
3Gratuitous loans or bailments completed (secured against inputs/raw materials)xxxKirstyMacC


Discussion entries: 1





  

Answers


16 hrs   confidence: Answerer confidence 5/5
ver explicación


Explanation:
bailment is to deliver goods to be stored and then, returned to the owner (similar al contrato de fianza o deposito)
el comodato es un contrato de PRESTAMO DE USO GRATUITO (y por eso se diferencia del MUTUO que es un contrato de PRESTAMO DE USO ONEROSO.
Lo que tiene el bailment y el comodato en común es que en ambos el objeto del contrato (cosa entregada) es no fungible y no consumible, es decir, se debe devolver lo mismo que se entrego.
Por eso, el texto dice "comodato contra insumos", es decir, vs. insumos porque los insumos generalmente son cosas fungibles (se puede entregar otra igual de la misma clase y naturaleza) y consumible (que se extinguen con el primer uso, lo que no ocurre con la cosa dada en comodato).
no puedo exlicar nada mas porque el contexto no es extenso.
Saludos.

Karina Pellegrineschi
Canada
Local time: 12:20
Specializes in field
Native speaker of: Spanish
PRO pts in category: 24

Peer comments on this answer (and responses from the answerer)
neutral  Jane Lamb-Ruiz: esta claro....pero yo estava traduciendo la idea de executados y NO contra insumos..no me lo perguntaron..verdad?
7 hrs
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19 hrs   confidence: Answerer confidence 3/5Answerer confidence 3/5
Gratuitous loans or bailments completed (secured against inputs/raw materials)


Explanation:
I'd steer clear of of 'executed' as that may mean signed up to.

I also believe, as shown below, gratuitous bailment is close enough to the Roman-law concept of afree loan.

'... As the law of bailments establishes a lower standard of care for the bailee in a *gratuitous bailment agreement*, such an agreement or receipt should indicate ...'

'... 1843, ii M. & W. 113), and the transaction being a *gratuitous loan*, and one for ... to use such diligence as a prudent man would exercise towards his own property. ...'


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Note added at 2004-06-24 16:18:14 (GMT)
--------------------------------------------------

7.1911encyclopedia.org/B/BA/BAILMENT.htm


    www.uslegalforms.com/lawdigest/ legal-definitions.php/US/US-BAILMENT.htm
xxxKirstyMacC
Local time: 17:20
Native speaker of: Native in EnglishEnglish
PRO pts in category: 387
Grading comment
Thank you

Peer comments on this answer (and responses from the answerer)
neutral  Jane Lamb-Ruiz: yes Counsel and when the time is up they are restored or redelivered in AE in BE completed..why not use restore> did you even read my explanation??
3 hrs
  -> Yes. I did. The post-deal restoration is indeed implied. But ejecutados you dodged! A discussion of the diff. between executed, implemented, performed, enforced, executed etc. is what I - maybe not the asker - wanted to expand on.
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30 mins   confidence: Answerer confidence 5/5 peer agreement (net): +3
restoration OR redelivery of goods under bailment


Explanation:
check this out: goods are said to be RESTORED when the TERM of the bailment is UP;

BAILMENT - A legal relationship created when a person gives property to someone else for safekeeping. To create a bailment the other party must knowingly have exclusive control over the property. The receiver must use reasonable care to protect the property.

This word is derived from the French, bailler, to deliver. It is a compendious expression, to signify a contract resulting from delivery. It has been defined to be a delivery of goods on a condition, express or implied, that they shall be restored by the bailee to the bailor, or according to his directions, as soon as the purposes for which they are bailed shall be answered. Or it is a delivery of goods in trust, on a contract either expressed or implied, that the trust shall be duly executed, and the goods redelivered, as soon as the time or use for which they were bailed shall have elapsed or be performed.

Each of these definitions, says Judge Story, seems redundant and inaccurate if it be the proper office of a definition to include those things only which belong to the genus or class. Both these definitions suppose that the ***goods are to be restored or redelivered***; but in a bailment for sale, as upon a consignment to a factor, no redelivery is contemplated between the parties. In some cases, no use is contemplated by the bailee, in others, it is of the essence of the contract: in some cases time is material to terminAte the contract; in others, time is necessary to give a new accessorial right.

Mr. Justice Blackstone has defined a bailment to be a delivery of goods in trust, upon contract, either expressed or implied, that the trust shall be faithfully executed on the part of the bailee. And in another place, as the delivery of goods to another person for a particular use.

Mr. Justice Story says, that a bailment is a delivery of a thing in trust for some special object or purpose, and upon a contract, express or implied, to conform to the object or purpose of the trust.

Bailments are divisible into three kinds: 1. Those in which the trust is for the benefit of the bailor, as deposits and mandates. 2. Those in which the trust is for the benefit of the bailee, as gratuitous loans for use. 3. Those in which the trust is for the benefit of both parties, as pledges or pawns, and hiring and letting to hire.

Some have divided bailments into five sorts, namely: 1. Depositum, or deposit. 2. Mandatum, or commission without recompense. 3. Commodatum, or loan for use, without pay. 4. Pignori acceptum, or pawn. 5. Locatum, or hiring, which is always with reward. This last is subdivided into, 1. Locatio rei, or biring, by which the hirer gains a temporary use of the thing. 2. Locatio operis faciendi, when something is to be done to the thing delivered. 3. Locatio operis mercium vehendarum, when the thing is merely to be carried from one place to another.
--b--



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Note added at 32 mins (2004-06-23 21:16:46 GMT)
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OR

restoration or redelivery of goods lent gratuitously...

cheers

isn\'t that a GREAT explanation above???

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Note added at 33 mins (2004-06-23 21:17:56 GMT)
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yeah, I like number FIVE...sounds like translation..CARRYING something - a linguistic ONUS - from one language to another..

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Note added at 23 hrs 37 mins (2004-06-24 20:22:35 GMT)
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PLEASE NOTE; To take into account what Karina says, I would now say:

Bailment (commodatum) for goods....

if the contract calls for redelivery of something in kind later on, then mine stays IF NOT, then I think Counsel is right in saying completed bailment....

Jane Lamb-Ruiz
Specializes in field
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in category: 676

Peer comments on this answer (and responses from the answerer)
agree  Muriel Vasconcellos: Very thorough, very knowledgeable explanation!
3 mins
  -> I couldn't believe the succinctness of the explanation..would that one could always find such clarity!!

agree  claudia bagnardi: Yes Jane! That's it!
25 mins

agree  Maricel Dietrich
1 hr

agree  ojinaga
10 hrs

disagree  Karina Pellegrineschi: bailment is to deliver goods to be stored and then, returned to the owner (similar al contrato de fianza o deposito)
15 hrs
  -> if it's free use something has to be returned right? See my points above..they say comodatum..it could be added...bailment (commodatum) and the insumo, which I agree are consumibles, are the poster's problem because that was not exactly the question
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