Practical guide
How to make a loan-for-use contract (comodat)?
Short answer
- 11. Go to 4mycontracts.net and select the "Real Estate" category.
- 22. Choose the commodat (loan-for-use) template and fill in party details.
- 33. Specify the loaned asset, duration, and return conditions.
- 44. Sign digitally and send the contract to the borrower for countersignature.
- 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.
See also:
Contract management →