Deposit

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deposit

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constituted from the moment a person receives a thing belonging to another, with the oblogation of safely keeping it and of returning the same

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characteristics of the contract of deposit

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1. perfected upon delivery
2. generally gratuitous
3. only movable things can be the object

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kinds of deposit

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1. voluntary
2. necessary

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voluntary deposit

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1. maybe orally or in writing
2. delivery is made by the will of the depositor
3. if a person having capacity to contract accepts a deposit made by one who is incapacitated, the former shall be subject to all the obligations of a depositary and may be compelled to return the thing by the guardian or administrator of the person who made the deposit or by the latter himself if he should acquire capacity.
4. if the deposit has been made by a capacitated person with another who is not, the depositor shall only have an action to recover the thing deposited while it is still in the possession of the depositary or to compel the latter to pay him the amount by which he may have enriched or benefited himself with the thing or its price.

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obligations of the depositary

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1. keep the thing safely and to return it
2. he cannot deposit the thing with a 2rd person unless stipulated; he will be liable for the loss if he deposited the thing to a careless and unfit person
3. he may change the way of the deposit if he can presume that the depositor would consent to the change. he shall notify the depositor first and wait for his decision unless delay would cause danger
4. if he holds securities or instruments which earn interest, he shall be bound to collect them when these become due
5. he can commingle grain or other articles of same kind and quality. various depositors shall own proportionate interest in the mass
6. he cannot use the thing unless expressly permitted by the depositor otherwise he shall be liable for damages
7. he shall be liable for the loss of the thing through fortuitous event if:
a. stipulated
b. he uses the thing without the depositor's permission
c.he delays its return
d. he allows others to use it

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other obligations of depositary

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1. he shall return the thing in the same condition when it was deposited
2. he can unlock the box if it's necessary to do so
3. the thing deposited must be returned with all its products, accessories and accessions

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more about voluntary deposit

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-the depositary cannot demand that the depositor prove his ownership of the thing deposited. kapag ninakaw pala ito at alam niya ang totoong may-ari, dapat niyang sabihin dito. pero kung hindi pa rin niya kinuha ang bagay within 1 month, the depositary will be relieved of all the responsibility by returning the thing to the depositor.
- two or more depositors, if not solidary, cannot demand more than his share unless stipulated that the thing deposited will be returned to only one of them
- place of the return of the deposited thing - as stipulated with expenses borned by the depositor; if no place is agreed, in the place where the thing deposited may be
- must be returned upon demand eventhough there is a time fixed unless the thing is judicially attached

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obligations of the depositor

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1. to reimburse the depositary of the expenses for the preservation of the thing if it's a gratuitous deposit
2. to reimburse the depositary for any loss arising from the character of the thing deposited, except:
a. he is not aware of it
b. he doesn't know the dangerous character of the thing
c. he notified the depositary about this
d. the depositary was aware of it without advice from the depositor
3. the depositary may retain the thing pledged until the full payment of what may be due to him by reason of the deposit
4. deposit is extinguished upon the loss or destruction of the thing deposited or upon the death of either of the parties in case of gratuitous deposit

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necessary deposit

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1. in compliance with legal obligation
2. deposits made by travellers in hotels or inns
3. the hotel-keeper cannot free himself from responsibility by posting notices to the effect that he is not liable for any loss
4. the hotel-keeper has the right to retain the things as a security for unsettled credit accounts of lodging

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judicial deposit or sequestration

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1. an attachment or seizure of property in litigation is ordered
2. movable or immovable object