Distinction Between Commodatum and Mutuum

1. The object of commodatum are Non-consumable (Non-fungible); in Mutuum Consumable goods.               

2. The cause for commodatum is Gratuitous otherwise it is a lease; in Mutuum it may or may not be gratuitous.

3. The purpose in commodatum is for use or temporary possession; in mutuum it is for consumption.

4. The subject matter in commodatum is real or personal property while it is only personal property in mutuum.

5. The ownership of the thing is retained by the the bailor in commodatum while in mutuum, it passes to the debtor.

6. The thing to be returned in commodatum is the exact thing loaned while in mutuum, it is a thing of equal amount of the same kind and quality.

7. In commodatum, it is the bailor who bears the risk of loss; while in mutuum, it is the debtor.

8. In commodatum, the thing maybe returned even before the expiration of the term in urgent cases; however, in mutuum, it must be after the expiration of the term.

9. Commodatum is a contract of use while mutuum is a contract of consumption.