**Comodato or Loan for Use in the Colombian Civil Code: Understanding Your Rights and Obligations**
The "comodato," also known as a "loan for use," is a contract in Colombian law that allows one individual to use another's property free of charge, with the obligation to return it after its use. In this article, we'll explore the Colombian Civil Code's provisions related to comodato, using an apartment as an illustrative example.
**ARTICLE 2200 (ARTÍCULO 2200): Definition and Finalization of Comodato**
- Comodato is a contract where one person lends a property (in this case, an apartment) to another for free use. The contract becomes effective upon the property's handover.
**Example:** John lends his Cartagena apartment to Mary for her vacation without charging rent. Once Mary receives the keys, the comodato is finalized.
**ARTICLE 2201 (ARTÍCULO 2201): Rights of the Lender**
- Although John has lent the apartment to Mary, he remains the owner and retains all rights over it. However, he cannot exercise these rights if they interfere with Mary's use.
**Example:** John cannot enter the apartment without Mary's permission during her stay.
**ARTICLE 2202 (ARTÍCULO 2202): Limitations of the Borrower**
- Mary must use the apartment solely for the agreed-upon purpose. If she misuses it, John can demand compensation for damages and immediate return of the apartment.
**Example:** If Mary sublets the apartment without John's permission, she would be breaching the agreement.
**ARTICLE 2203 (ARTÍCULO 2203): Borrower's Responsibility for Property Care**
- Mary must take care of the apartment and is liable for any damage beyond natural wear and tear or legitimate use. If the damage is significant, John can demand she pays the apartment's value.
**Example:** If Mary hosts a party and someone breaks a window, she must cover the repair costs.
**Conclusion**
Comodato is a legal framework in Colombia that facilitates the free lending of a property, in this instance, an apartment, with the obligation of its return. Both the lender and the borrower must be fully aware of their rights and obligations to prevent conflicts and ensure the property is returned in the agreed-upon conditions.
**Relevant regulations for comodato:**
Colombian Civil Code, Title XXII, On Comodato or Loan for Use, Articles 2200 (Artículo 2200) to 2220 (Artículo 2220).
