Commodate

Scottish Law: Commodate in the Past

A term used in the Scotch law, which is synonymous to the Latin commodatum or loan for use. Ersk. Inst. B. 3, t. 1, 20; 1 Bell’s Com. 225; Ersk. Pr. Laws of Scotl. B. 3, t. 1, 9.

Developments

Judge Story regrets this term has not been adopted and naturalized, as mandate has been from mandatum. Story, Com. 221. Ayliffe, in his Pandects, has gone further and terms the bailor the commodant and the bailee the commodatory, therefore, avoiding those circumlocutions, which, in the common phraseology of our law, have become almost indispensable. Ayl. Pand. B. 4, t. 16, p. 517. Browne, in his Civil Law, vol. 1, 352, calls the property (see more about this popular legal topic in the U.K. encyclopedia) loaned “commodated property.” See Borrower; Loan for use; Lender. [1][rtbs name=”scottish-law”]

Resources

Notes and References

1. Partialy, this information about commodate is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including commodate.

See Also