Text of the provision
Art. 1946. The bailor cannot demand the return of the thing loaned till after the expiration of the period stipulated, or after the accomplishment of the use for which the commodatum has been constituted. However, if in the meantime, he should have urgent need of the thing, he may demand its return or temporary use. In case of temporary use by the bailor, the contract of commodatum is suspended while the thing is in the possession of the bailor.
(1749a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles renderings and the Official Gazette, all three of which agree word for word.
What this article means
In a commodatum — the gratuitous loan of a thing that must itself be returned — the lender generally cannot ask for the thing back early. He must wait until the stipulated period expires, or until the use for which the loan was made has been accomplished. The article gives one exception: urgent need. If, in the meantime, the lender genuinely needs the thing, he may demand its return, or he may ask only for temporary use of it. Where he takes it back merely temporarily, the loan is not extinguished — the commodatum is suspended for as long as the thing is in the lender's hands, and it resumes when the thing goes back to the borrower.
Related provisions
- Article 1945 — Solidary Liability of Bailees.
- Article 1947 — Precarium.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.