c

Vp A "  
"  ʹ perfected by delivery.
Vp ©
   ʹ gratuitous

   ʹ for compensation.
Vp rincipal urpose is for 3 
Vp c3
 
 ʹ does not incur the
obligations of a depositary. However, he is liable to:
Vp "eturn the thing while still in his possession
Vp Yo pay the depositor the amount by which he
may have benefited himself with the thing


subject to the right of third person who acquired
Vp |n extrajudicial deposit, only movable (corporeal)
things may be the object.
Vp udicial ʹ movable and immovable
Vp A deposit may be:
Vp udicial/Sequestration
Vp ‘xtrajudicial
Vp uoluntary
Vp gecessary
Vp A contract of deposit is generally gratuitous.
Vp ceposit is generally voluntary. |t becomes necessary
when:
Vp |n compliance with a legal obligation
Vp Êccasion of any calamity
Vp Yravellers in hotels or inns
Vp Yravellers with common carriers
Vp uoluntary ʹ delivery is made by the will of the
depositor.
Vp cepositor need not be owner of thing.
Vp Yhe action to compel the depositors to settle their
conflicting claims among themselves would be in the
nature of an
.
Vp Pontract of deposit may be orally or in writing.
Vp c3

 ʹ he is subject to all the
obligations of a depositary whether or not the
the thing in good faith.
Vp Yhe safekeeping and the return of the thing when
require are the two primary obligations of the
depositary.
Vp Yhe required degree of care is greater if the deposit
is for compensation than when it is gratuitous.
Vp Yhe thing must be returned to the depositor
whenever he claims it even though a specified term
is stipulated.
Vp 9iability for loss of the thing:
Vp He transfers the thing to third person without
authority
Vp He deposits the thing to third person who is
manifestly careless or unfit although authorized
even in the absence of negligence
Vp Yhe thing is lost through the negligence of his
employees.
Vp |f the thing deposited should earn interest, the
depositary is under obligation to:
Vp Pollect interest as it becomes due
Vp Yake such steps necessary to preserve its value.
Vp cepositary is permitted to commingle grain or other
articles of the same kind and quality.
Vp Ñhen the preservation of the thing requires its use,
it must be used but only for that purpose.
Vp Yhe unauthorized used by the depositary would
depositor is capacitated. He may be compelled to make him liable for 3

return the thing to the legal representative or the
depositor himself if he should acquire capacity. Vp Ñhen the depositary has permission to use the
thing, the contract becomes a loan or commodatum,
 except where safekeeping is still the principal Vp A deposit is 

3 :
purpose of the contract. Vp ©pon loss or destruction of the thing deposited
Vp ceath of either party in case of gratuitous
Vp Yhe depositary is liable for the loss due to fortuitous deposit
event:
Vp |f stipulated Vp A deposit for compensation is an onerous deposit
Vp |f he uses the thing without permission which is not personal in nature and obligations
Vp celay of return arising therefrom are transmissible to the heirs.
Vp |f he allows others to use it
Vp Yhe hotel-keeper is not liable when:
Vp Simple loan ʹ fixed, savings, and current deposits of Vp 9oss/injury is caused by forced majeure like
money in banks flood, fie, robbery by force or intimidation
Vp 9oss is due to the acts of the guest, his family,
Vp Yhe thing must be returned with all its products, servants, or visitor
accessories and accessions. Vp 9oss arises from the character of the things

Vp 9iable for interest ʹ if in delay or use the thing Vp Yhe hotel-keeper has a right to retain the things as a
without permission security for payment.

Vp |f the owner does not claim the thing within 1
month, the depositary shall be relieved of all
responsibility by returning the thing to the depositor.
Vp Yhe expenses for transportation shall be borne by
the depositor.
Vp Yhe depositary may return the thing at will if the
deposit is gratuitous and justifiable reasons exist for
its return
Vp Yhe deposit is judicial because it is auxiliary to a case
pending in court. Yhe purpose is to secure the rright
of a party to recover in case of a favourable
judgment.
Vp Yhe law on judicial deposit is essentially remedial or
procedural in nature. Yhe rule of court is applicable.

Vp Yhe depositary is not liable for the loss of the thing

by force majeure or government order.

Vp Yhe obligation of the heir who in good faith sells the

thing is to return the price received or to assign the
right to collect from third person.

Vp |f the heir is in bad faith, he |s liable for damages and

estafa.

Vp Yhe depositary may retain the thing in pledge until

full payment.