The borrower in commodatum is entitled to fruits of the thing borrowed or loaned even without a stipulation to that effect1 pointTrueFalse
Question
The borrower in commodatum is entitled to fruits of the thing borrowed or loaned even without a stipulation to that effect
1 point
True
False
Solution
Analysis of the Statement
The statement refers to the legal concept of "commodatum," which is a type of loan in civil law where one party (the lender) allows another party (the borrower) to use a thing for a specified period without compensation.
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Understanding Commodatum:
- Commodatum primarily involves the use of a thing, but it can imply certain rights and obligations.
- The borrower generally has the right to enjoy the use of the thing, including any fruits (benefits) produced by it.
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Entitlement to Fruits:
- Under typical interpretations of commodatum, the borrower is indeed entitled to the fruits of the borrowed item, unless the agreement explicitly states otherwise.
Conclusion
Based on the principles of commodatum in applicable civil law systems, the answer to the question is True. The borrower is entitled to the fruits of the thing borrowed even without a stipulation to that effect.
Thus, the final answer is:
Final Answer
True.
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