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Bailment

From Common law

PropertyContract and obligations

What it means

Handing over possession of an object, but not ownership, for a purpose, such as storage, repair or loan. The person who holds it, the bailee, must take care of it and give it back.

Why it travels badly

Common law treats bailment as a single category, whether the object is lent, stored, hired or repaired. Civil law has separate contracts for each, each with its own code articles, and no single heading that covers all of them.

How other systems say it

France

dépôt, prêt, louage (for example art 1915 Code civil for dépôt)

Separate contracts for deposit, loan and hire, each with its own rules.

Germany

Verwahrung, Leihe, Miete (for example §§ 688, 598 BGB)

Again separate contracts, with no common name for them all.

Spain

depósito, comodato, arrendamiento

The same: each contract is separate.

Tip for translators and students

Describe the actual arrangement (storage, loan, repair) when translating 'bailment', and avoid a single word that looks like a legal category in the target system.

Related: Trust, Real rights and personal rights

Updated October 2026. Spotted a mistake? Tell us.

TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.