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DEPOSIT
-a person receives a thing belong to another, with the obligation of safely keeping it and of returning
the same.
NOTE: If the safekeeping of the thing delivered is not the principal purpose of the contract, there is no
deposit but some other contract.
CHARACTERISTICS
1. real - because it is perfected only by the delivery of the subject matter
BUT an agreement to constitute a deposit is binding and enforceable, since it is merely consensual
2. unilateral - if gratuitous
3. bilateral - if with compensation
4. orally/writing
Exception: Delivery of the thing deposited. (It is a real contract, hence, delivery is required for
perfection.)
Deposit Mutuum
Purpose safekeeping For consumption
Demand of return Anytime/at will of the depositor Only after the expiration of the period
stipulated
Subject Matter Movable/immovable Movable-fungibles/money
KINDS OF DEPOSIT
1. judicial - when an attachment or seizure of property in litigation is ordered
SUBJECT MATTER-MOVABLES OR IMMOVABLES
2. extrajudicial
a.voluntary- delivery is made by the will of the depositor or by two or more persons each of whom
believes himself entitled to the thing deposited;
b.necessary- made in compliance with a legal obligation, or on the occasion of any
calamity, or by travelers in hotels and inns or by travelers with common carriers.
SUBJECT MATTER-MOVABLES
GR: Deposit is for safekeeping of the subject matter and not for its use.
Exceptions:
a. Expressly authorized by the depositor;
b. Such use is necessary for its preservation but limited for the purpose only.
GR: The depositary is not liable for loss through fortuitous event without his fault
Exceptions:
a. If it is so stipulated
b. If he uses the thing without the depositor’s permission
c. If he delays in its return
d. If he allows others to use it, even though he himself may have been
authorized to use the same
11. The depositary who receives the thing in deposit cannot require that the depositor prove
his ownership over the thing
13. Obligation of the depositary when there are two or more depositors.
a. Divisible thing and joint depositors – each one of the depositors can demand only his share
proportionate thereto.
b. Indivisible thing and solidary depositors –rules on active solidarity
Depositary is not liable in cases of loss by force majeur or by government order. However, he
has the duty to deliver to the depositor money or another thing he receives in place of the thing.
NECESSARY DEPOSIT
2. It takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck,
or other similar events.
*There must be a causal relation between the calamity and the constitution of the deposit.
Before keepers of hotels or inns may be held responsible as depositaries with regard to the effects of
their guests, the following must concur:
Elements:
a. They have been previously informed about the effects brought by the guests;
b. The latter have taken the precautions prescribed regarding their safekeeping.
Extent of liability:
a. Liability in hotel rooms which come under the term “baggage” or articles such as clothing as
are ordinarily used by travelers
b. Include those lost or damages in hotel annexes such as vehicles in the hotel’s garage.
b. The loss is due to the acts of the guests, his family, servants, visitors.
c. The loss arises from the character of the things brought into the hotel.
Exemption or diminution of liability: The hotel-keeper cannot free himself from responsibility by
posting notices to the effect that he is not liable for the articles brought by the guest.
Effect: Any stipulation between the hotel-keeper and the guest whereby the
responsibility of the former (as set forth in Art. 1998-2001) is suppressed or diminished
shall be VOID.
Hotel-keeper’s right to retain
The hotel-keeper has a right to retain the things brought into the hotel by the guest, as a
security for credits on account of:
a. lodging;
b. supplies usually furnished to hotel guests.
Rationale: It is given to hotel-keepers to compensate them for the liabilities imposed upon
them by law. The right of retention recognized in this article is in the nature of a pledge
created by operation of law.