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. Send the contract to the borrower through an electronic signing link.
  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

  • Comodat template with fields to fill in, based on the Romanian Civil Code.
  • Simple electronic signature through a secure link — the signer needs no account.
  • Archive in your account, with the event history of each contract.
  • Expiry radar in the panel: see the contracts that expire within 30 days.
  • A signature certificate as PDF, with the IP address, time of signing and SHA-256 fingerprint of the document.

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