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Which of the following is not a real contract?*1 pointDepositPledgeCommodatumContract of Sale

Question

Which of the following is not a real contract?*1 pointDepositPledgeCommodatumContract of Sale

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Solution

To determine which of the options is not a real contract, we need to understand the meaning of each term.

  1. Deposit: A deposit is a contractual arrangement where one party (the depositor) gives money or property to another party (the depositary) for safekeeping or as a security for a future transaction. Therefore, a deposit is a real contract.

  2. Pledge: A pledge is a contractual arrangement where a borrower (the pledgor) gives a valuable item or property to a lender (the pledgee) as security for a loan. The lender holds the pledged item until the loan is repaid. Therefore, a pledge is a real contract.

  3. Commodatum: Commodatum is a type of contract where one party (the lender) lends a non-consumable item to another party (the borrower) for temporary use. The borrower is obligated to return the item in the same condition. Therefore, commodatum is a real contract.

  4. Contract of Sale: A contract of sale is a legal agreement between a buyer and a seller, where the seller agrees to transfer ownership of a specific item or property to the buyer in exchange for payment. Therefore, a contract of sale is a real contract.

Based on the definitions provided, all of the options mentioned (Deposit, Pledge, Commodatum, and Contract of Sale) are real contracts.

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