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6 Cards in this Set

  • Front
  • Back

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.


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.