Contract-comodat

Practical guide

How to make a loan-for-use contract (comodat)?

Short answer

  1. 11. Go to 4mycontracts.net and select the "Real Estate" category.
  2. 22. Choose the commodat (loan-for-use) template and fill in party details.
  3. 33. Specify the loaned asset, duration, and return conditions.
  4. 44. Sign digitally and send the contract to the borrower for countersignature.
  5. 55. Download or archive the signed contract in your account.

What the law says

  • Romanian Civil Code art. 2146–2157 — governs the commodat (loan-for-use) contract.
  • Written form is not legally required but strongly recommended to evidence duration and asset details.
  • The lender retains ownership; the borrower bears ordinary maintenance costs.
  • EU eIDAS Regulation 910/2014 — qualified electronic signatures have the same legal force as handwritten ones.
  • Civil Code art. 2155 — the borrower may not transfer use of the asset without the lender's consent.

Practical examples

  • Commodat of an apartment to a family member for a fixed term (12 months, with return clause).
  • Commodat of commercial space to a non-profit association, including an asset inventory.
  • Commodat of a company car to an employee, specifying purpose of use and mileage limit.
  • Commodat of IT equipment (laptop, server) to an external collaborator for the project duration.

Common mistakes

  • Missing exact description of the loaned asset — leads to disputes at return.
  • No return deadline specified — converts the contract to indefinite term, difficult to terminate.
  • No clause on asset condition at handover — impossible to prove subsequent damage.
  • Only one copy signed — one party has no written proof of the agreement.

How 4mycontracts helps

  • Pre-filled template updated to current Romanian Civil Code — no missing mandatory clauses.
  • Asset inventory integrated in the contract — condition at handover documented within the document.
  • Qualified electronic signature included — full legal validity without physical presence.
  • Automatic archiving with versioning — signed copy always accessible, no risk of loss.
  • Automatic alerts at commodat expiry — avoid unwanted tacit extensions.

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