Short answer. Both are covered. Article 1937 of the Civil Code states: Movable or immovable property may be the object of commodatum. A house, a condominium unit, or a parcel of land can all be lent under commodatum, just as a car or a tool can — provided the arrangement is free and the thing is non-consumable.

What the law says

Movable or immovable property may be the object of commodatum.

Civil Code, Article 1937 — Object of Commodatum. Read the full provision →

No restriction on the type of property

Article 1937 sets the rule in one clean sentence: Movable or immovable property may be the object of commodatum. The law does not limit the contract to personal property like vehicles or tools. Real property — a house, a lot, a building, a condominium unit — can just as easily be the subject of a commodatum. If your family allows a relative to live in your house for free while you are abroad, that arrangement can be a commodatum, even if neither party used that word.

The real requirement: the thing must be non-consumable

What the law does require — not from Article 1937 but from the general definition in Article 1933 — is that the object be not consumable. This makes sense: a commodatum obligates the borrower to return the very same thing lent. You cannot return the same grain of rice or the same drop of oil. But land, buildings, vehicles, machinery, and furniture can all be returned as they were (subject to ordinary wear). The movable-or-immovable distinction in Article 1937 simply confirms that real estate is not automatically excluded.

What this means for everyday situations

If a parent lets a child use a family house at no charge, that is likely a commodatum — the parent retains ownership, and the child is expected to return the property eventually. If a business loans out a piece of equipment to a partner company for a fixed period without charge, that is also a commodatum. The nature of the property — movable or immovable — changes none of the basic rules: the loan must be gratuitous, the borrower must return the same thing, and ownership stays with the lender throughout.

Practical caution when the property is land or a house

Lending immovable property under commodatum can give rise to disputes if the arrangement is not clearly documented. A long-running informal arrangement where someone occupies your land or house at no cost can sometimes be mischaracterized as something else — a tolerance possession, an implied lease, or even an equitable claim. Having a written agreement that identifies the property, the period, and the gratuitous nature of the loan helps preserve your rights as owner and makes the eventual return of the property easier to enforce.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.