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6 Cards in this Set
- Front
- Back
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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. |
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objects? |
no land! only moveables excep: sequestratio |
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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? |
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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) |
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bonae fides or stricti iuris? bilateral or unilateral? |
bonae fides, bilateral |
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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. |
