Define: Actio Commodati Contraria

Actio Commodati Contraria
Actio Commodati Contraria
What is the dictionary definition of Actio Commodati Contraria?
Dictionary Definition of Actio Commodati Contraria

Actio Commodati Contraria is a Latin legal term that refers to a legal action or remedy available to the lender in a loan agreement, specifically in the context of a commodatum contract. In a commodatum contract, one party (the lender) lends a specific item or property to another party (the borrower) for temporary use, with the understanding that the borrower will return the item or property in the same condition as it was received.

The Actio Commodati Contraria is a legal action that can be initiated by the lender when the borrower fails to fulfill their obligations under the commodatum contract. This action allows the lender to seek compensation or damages for any harm, loss, or deterioration caused to the lent item or property due to the borrower’s negligence, misuse, or failure to exercise proper care.

The Actio Commodati Contraria provides a legal recourse for the lender to recover the value of the item or property, or to seek compensation for any repairs or restoration required to restore it to its original condition. This action aims to protect the lender’s rights and interests in the lent item or property, ensuring that they are not unfairly burdened with the costs or consequences of the borrower’s actions or omissions.

Overall, the Actio Commodati Contraria serves as a legal mechanism to enforce the borrower’s obligations and ensure that the lender is adequately compensated for any harm or loss suffered as a result of the borrower’s breach of the commodatum contract.

Full Definition Of Actio Commodati Contraria

Actio Commodati Contraria is a legal concept in Roman law that refers to a counterclaim or action for compensation brought by the borrower (commodatarius) against the lender (commodans) in a commodatum contract.

In a commodatum contract, the lender transfers the possession of a non-consumable item to the borrower for a specific purpose, with the understanding that the borrower will return the item after the agreed-upon period. The borrower is obligated to take good care of the item and return it in the same condition as received.

However, if the lender fails to fulfil their obligations, such as providing an item in good condition or failing to disclose defects, the borrower can bring an Actio Commodati Contraria to seek compensation for any damages or losses suffered as a result. This legal action allows the borrower to assert their rights and hold the lender accountable for any breach of the commodatum contract.

The Actio Commodati Contraria provides a legal remedy for borrowers who have suffered harm due to the lender’s negligence or failure to fulfil their obligations. It ensures that both parties are held responsible for their actions and promotes fairness and equity in commodatum contracts.

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This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March 2024.

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