Loan. In its general acceptation, this word signifies the agreement by which the use of anything is given, under condition of its being returned to the owner. But as some articles, as provisions, must be destroyed in their use, or given away, as money, a distinction was made in the Roman law between mutuum and commodate; the former term being applied to the loan of fungibles, or such articles as perish in the use; the latter to the loan of those subjects which must be individually returned to the owner, and which subjects must therefore be of a nature capable of being used without destruction or alienation. In mutuum, the property of the subject is transferred; and if the subject be destroyed, the borrower to whom the property is transferred suffers the loss; but in commodate, as the property remains with the lender, and the use merely is given to the borrower, any loss befalling the subject must be borne by the lender.