¿qué es un comodato en argentina?

Commodate

Documentation to be submitted:A) Duly completed registration form (Form 101-C), in which domicile is established within the urban radius of the seat of the National Aircraft Registry (City of Buenos Aires) (Section 19, Decree 1759/72, as amended by Decree 1883/91).

H) Duly authenticated proof (with simple signature) of the registration of the CUIT, CUIL or CDI of the parties, in accordance with the provisions of Decree 1108/98 of the AFIP, in case it has not been previously presented or the one presented is out of date. (They can be printed from the AFIP or ANSES web page).

I) Form for the prevention of money laundering and financing of terrorism (Section 20, paragraph 6 of Law 25246, as amended – Resolution U.I.F. No. 23/2012) and the Sworn Statement on the condition of Politically Exposed Person (Annex I – Resolution U.I.F. No. 11/2011). These forms must be duly completed in all their fields, without amendments or scratches.

The commodatum contract must be registered

1 ARTICLE 1533.-Concept. There is gratuitous bailment if a part is obliged to deliver to another a not fungible thing, movable or immovable, so that he/she can use it for free and return the same thing received. 2 ARTICLE 1536.-Obligations of the bailee. They are obligations of the bailee: a) to use the thing according to the agreed destiny. For lack of agreement he/she can give him/her the destination that he/she had at the time of the contract, the one that is given to analogous things in the place where the thing is, or the one that corresponds to its nature; b) to pay the ordinary expenses of the thing and those carried out to use it; c) to conserve the thing with prudence and diligence; d) to answer for the loss or deterioration of the thing, even caused by fortuitous event, unless he proves that they would have occurred equally if the thing had been in possession of the bailor; e) to return the same thing with its fruits and accessories in the time and place agreed upon, In the absence of agreement, he must do so when the purpose for which the thing is lent is satisfied. If the duration of the contract is not agreed and does not arise from its purpose, the bailee may claim restitution at any time. If there are several bailees, they are jointly and severally liable. 3 (See article 1536 of the CCyC).

Comodato test

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Explanation and/or Definition of a Contract of Comodato or Loan of Use offered by the Legal Dictionary of Ramirez Gronda: When one of the parties delivers to the other free of charge, some non-fungible thing, movable or root, with the power to use it. (Art. 2255 et seq. C. Civ.)(1)

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Precarious gratuitous bailment

The bailee must use the thing lent according to the agreed use. The ordinary (common) expenses of the thing are at his charge, and he must keep it with prudence and return it within the agreed term (if the term has not been agreed, the bailee may claim restitution at any time). The bailee is liable for the loss or deterioration of the thing.

The commodatum is frequently used in cases of purchase and sale of real estate in which the seller needs to stay a few days longer in the house or apartment he is selling, since he needs to remodel, fix or paint the property where he will move.

It is advisable to raise this issue from the beginning of the negotiation. In some cases, the buyer (and bailee) withholds money from the price paid to the seller as a guarantee that the seller will deliver the property within the agreed time and conditions. It is advisable to certify the bailee’s signatures on the respective contract.