| 释义 |
† ˈmutuum Civil Law. Obs.
[a. L. mūtuum a loan, neut. of mūtuus borrowed.]
A contract under which such things are lent as are consumed in the use, or which cannot be used without their extinction or alienation.
1486Materials Reign Hen. VII (Rolls) I. 267 That ye, in the boke called the pele doo entre a mutuum..of the forsaide D.ccclxxvii. li. ix. s. ii. d. 1681Visct. Stair Inst. Law Scot. i. x. §17. 127 Loan comprehendeth both the Contracts in the Law called mutuum and commodatum; by the former a thing Fungible is freely given, for the like to be restored in the same kind and quantity, though not the same individual. 1839Story Bailments §47. 34 A deposit differs from what is called in the civil law a mutuum, for there the identical thing lent is not to be returned, but another thing of the same kind, quality, nature or value. In the latter case, the property passes immediately to the mutuary. |
