Article 1942Commodatum

The bailee is liable for the loss of the thing,

even if it should be through a fortuitous event:

(1) If he devotes the thing to any purpose different from

that for which it has been loaned;

(2) If he keeps it longer than the period stipulated, or after

the accomplishment of the use for which the

commodatum has been constituted;

(3) If the thing loaned has been delivered with appraisal

of its value, unless there is a stipulation exempting the

bailee from responsibility in case of a fortuitous event;

(4) If he lends or leases the thing to a third person, who is

not a member of his household;

(5) If, being able to save either the thing borrowed or his

own thing, he chose to save the latter. (1744a and 1745)