140. Nature of gratuitous quasi-bailment.

Gratuitous quasi-bailment, or mutuum, is the loan of something which is not to be returned in specie, but which is to be replaced by something similar and equivalent1. The contract of mutuum differs from that of gratuitous loan for use, or commodatum2, in that in the latter a bare possession of the chattel lent, as distinguished from the property in it, vests in the borrower, the general property in it still remaining in the lender; whereas in mutuum that property in the chattel passes from the lender to the borrower.

Mutuum is confined to chattels which are intended to be