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A commodatum was a loan for use. It did not transfer ownership nor possession, and was also gratuitous (no interest could be charged). If interest was included, the agreement was instead either one of hire or an innominate contract. [3] It was assumed to be for a "reasonable time" if this was not specified at the time of the agreement.
If the literal contract was indeed limited to entries in tabulae ("account books"), then it must necessarily post-date their existence (and some measure of use), thus pointing to a later date than might be supposed if the literal contract extended to other forms of written words. The latter is favoured by Stojčević.
A commodate (Latin: commodatum), also known as loan for use, [1] in civil law and Scots Law is a gratuitous loan; a loan, or free concession of anything moveable or immoveable, for a certain timeframe, on condition of restoring again the same individual after a certain time.
Austin said: Rights in rem sometimes arise from an instrument which is called a contract, and are, therefore, said to arise from a contract; the instrument in these cases wears a double aspect or has a twofold effect: to one purpose it gives jus in personam and is a contract, to another purpose it gives jus in rem and is a conveyance.
Term in contract law that allows limited modifications to a contract after the original form has been agreed to by all parties. sub nomine: under the name Abbreviated sub nom.; used in case citations to indicate that the official name of a case changed during the proceedings, usually after appeal (e.g., rev'd sub nom. and aff'd sub nom.) sub ...
A standard form contract (sometimes referred to as a contract of adhesion, a leonine contract, [a] a take-it-or-leave-it contract, or a boilerplate contract) is a contract between two parties, where the terms and conditions of the contract are set by one of the parties, and the other party has little or no ability to negotiate more favorable terms and is thus placed in a "take it or leave it ...
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