Quick summary: A comodato (loan for use) is the free loan of movable, non-fungible property—such as a car, motorcycle, computer or machinery—or an animal, for a certain time and purpose, with an obligation to return it (Civil Code Art. 1957). The template records permitted use, duration, condition, optional valuation (Art. 1960) and who pays which expenses. For real property, speak to a notary: it falls outside this definition.
Download the Comodato Contract Template (Word)
The Spanish-language private-document template includes a description of the property, permitted use, duration, optional valuation, expenses, return terms, signatures and a return acknowledgment.
Download the Spanish-language Word template (.docx)
What Can Be Lent Under a Comodato?
| Property | Does it fit Art. 1957? | Note |
|---|---|---|
| Car, motorcycle, bicycle | Yes: movable, non-fungible property | Record who may drive or use it, and for what purpose |
| Computer, tools, machinery, medical equipment | Yes | Record the serial number and condition |
| Horse, livestock or another animal | Yes: a semoviente (animal) | Record who pays for food and veterinary care |
| House, apartment, land | No: these are immovable | Rights of use and habitation over real property are registered in the Property Registry (Art. 1125); consult a notary |
| Any property in exchange for payment | No: a comodato is free | If you charge for use, consider a lease agreement |
Who may lend: someone with the right to dispose freely of the property, and an arrendatario (lessee) or usufructuario (holder of a usufruct) who is not prohibited from doing so (Art. 1958). If the property is in someone else’s name or financed, review your contract before lending it.
Each Party’s Obligations
| The comodante (lender) | The comodatario (borrower) |
|---|---|
| Disclose known hidden defects; failure to disclose makes the lender liable for resulting damage (Art. 1962) | Take care of the property (Art. 1964) |
| Do not demand it before the agreed term expires or, without an agreed term, before the intended use is completed. An urgent, unforeseen need or risk that the property will perish permits an early-return demand, which the judge decides according to the circumstances (Arts. 1962-1963) | Use it for the agreed purpose or its natural use; misuse makes the borrower liable for loss or deterioration even through a caso fortuito (fortuitous event) (Art. 1964) |
| Pay extraordinary, indispensable expenses the borrower incurs to preserve it (Art. 1962) | Pay ordinary expenses while the loan lasts (Art. 1964) |
| Receive it when the loan ends; if asked to receive it but the lender delays, all risk passes to the lender, who must reimburse preservation expenses (Art. 1965) | Return it by the agreed deadline or after the specified use, with no deterioration beyond ordinary use (Art. 1964) |
Other rules to keep in mind:
- A comodato is personal: the borrower cannot transfer it to someone else without an express agreement (Art. 1961).
- A borrower who delays returning the property is liable for its loss and for damage, even through a fortuitous event (Art. 1966).
- The borrower cannot retain the property as security for, or to offset, what the lender owes. An exception allows retention as a deposit pending payment of extraordinary, indispensable expenses benefiting that same property (Art. 1971).
- If there are several borrowers, they are jointly and severally liable (Art. 1972).
- If return is impossible, the lender chooses another item of the same kind and quality or its value, assessed according to the time and place when return was due. If the property was valued when the contract was made, that is the amount payable (Art. 1968).
Private Document or Legalized Signatures
A comodato may be made in a documento privado (private document) under Art. 1574. Art. 1575 requires a contract worth more than three hundred quetzales to be in writing; for a commercial contract, it permits an oral agreement if its value does not exceed one thousand quetzales.
For an auténtica (notarial signature legalization), the Código de Notariado (Notarial Code), Art. 109, item 10, gives a tariff from Q. 50.00 to Q. 200.00, according to importance. Art. 106 allows fees and payment terms to be freely agreed; the tariff applies when there is no agreement. Under Art. 54, a notary may legalize signatures placed or acknowledged in the notary’s presence. See notary fees.
For foreign residents using a public instrument: where the notary does not know the grantors, Art. 29 provides identification through a cédula de vecindad (identity document) or passport, two witnesses known to the notary, or both methods if the notary considers it appropriate. A party who does not know Spanish appoints an interpreter, preferably a traductor jurado (sworn translator). If the interpreter cannot sign, a witness signs on their behalf. These provisions concern public instruments.
Firearms: do not use this template for firearms. See firearm possession registration.
Related Procedures
- Lease agreement: for an arrangement involving payment for use.
- Vehicle bill of sale: if you are selling the car rather than lending it.
- Carta poder (authorization letter): for authorizing someone to handle matters on your behalf.
General guidance, not legal advice. For valuable property, business machinery or any real property, consult a lawyer and notary before signing.