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There are two kinds of loan in the Philippines: commodatum and mutuum (simple loan). Commodatum happens when one party (called the bailor) delivers personal property to another (called the bailee), and the bailee has the obligation to return to the bailor the exact same thing delivered to him.
Bailment is distinguished from a contract of sale or a gift of property, as it only involves the transfer of possession and not its ownership. To create a bailment, the bailee must both intend to possess, and actually physically possess, the bailable chattel.
Characteristics of Bailment. Contract: There must be a contract between the party who delivers the goods i.e. bailor and the party which receives the goods, i.e. bailee, no matter if it is express or implied. Delivery of Goods: Goods must be delivered by one party to another.
But, a valid bailment can arise even without a valid contract between the two parties, for example, a lost good finder becomes a bailee and has the responsibility to return it to its owner, the bailer, even if no contract exists between them.
There must be free consent for bailment from both sides. The Bailee must have the intention of physical possession. Section 148 in The Indian Contract Act, 1872 deals with bailment....Essentials of Bailment- Rights and Duties of Bailor and BaileeContract.Delivery of possession.Purpose.Return or dispose of goods.
A bailment is a delivery of goods one person to another for some purpose upon a contract that they shall be returned or otherwise disposed of according to the directions, of the person delivering. The person delivering the goods is called the Bailor. The person to whom they are delivered is called Bailee.
How To Write a Valid Bailment AgreementDetails of the parties entering the agreement, including names and full addresses.Purpose of the agreement.Date the agreement takes effect.Description of the bailed property.Property's value at the time of the agreement.More items...
There are three types of bailmentsthose that benefit both parties, those that benefit only the bailor, and those that only benefit the bailee.
Bailment means a delivery of goods from one person to another for a special purpose. Whereas Pledge means delivery of goods as security for the payment of debt or performance of a promise. Therefore, Bailment & Pledge are two different contracts. Pledge is a special kind of bailment.
There are three types of bailmentsthose that benefit both parties, those that benefit only the bailor, and those that only benefit the bailee.