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
dépôt, prêt, louage (for example art 1915 Code civil for dépôt)
Separate contracts for deposit, loan and hire, each with its own rules.
Verwahrung, Leihe, Miete (for example §§ 688, 598 BGB)
Again separate contracts, with no common name for them all.
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.
