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6 Cards in this Set

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define + gen

gratuitous deposit for safekeeping --- else hire but stipuls okay!




no ownership/ possession (excep: sequestratio)




deposit w/ owner void




only for benefit of depositee otherwise commodatum! if remunerated then hire.

objects?

no land! only moveables






excep: sequestratio

duties of depositee

*could not use it...otherwise liable for theft of use


*return on demand subj to wear and tear


• must return all benefits


• liable for dolus only (unless he received a fee), sometimes equated with gross negligence = own affairs ----Celsus


• actio depositi contraria/ retain for expenses -- justinian terminated set off right?

duties of depositor

• standard of care of bonus paterfamilias: liable for damage to depositee, reasonable expenses of keeping safe and returning at chosen venue otherwise depositee has ius retentionis






*actio depositi.


*infamia if depositee breached duty (as dolus so fraud)

bonae fides or stricti iuris?


bilateral or unilateral?

bonae fides, bilateral

special deposits

• depositum miserabile: emergency deposit damages incurred were doubled : less opportunity to choose a man


• sequestratio: dispute between A and B, deposit it with C (gets legal possession!! so time nor run in favour of either party for usucapio) who returns it to the right person after the dispute is settled --- both land and movables.


• depositum irregulare: fungibles usually money deposited with banker. Ownership of the coins was transferred. mutuum but how diff? primarily intended beneft tranferee, restore equiv on demand.