Professional Documents
Culture Documents
Art. 1971.
If the deposit has been made
DEPOSIT
DEPOSIT IN GENERAL AND ITS DIFFERENT KINDS
by a capacitated person
with another who is not,
Art. 1962.
A deposit is constituted
the depositor shall only have an action to recover the
from the moment a person receives a thing belonging to
thing deposited
another,
while it is still in the possession of the depositary,
with the obligation of safely keeping it
or to compel the latter to pay him
and of returning the same.
the amount by which he may have enriched
or benefited himself with the thing or its price.
If the safekeeping of the thing delivered
is not the principal purpose of the contract,
However, if a third person who acquired the thing acted
there is no deposit but some other contract.
in bad faith,
Art. 1963. the depositor may bring an action against him for its
An agreement to constitute a deposit is binding, recovery.
but the deposit itself is not perfected
until the delivery of the thing.
Obligations of the Depositary
Art. 1964. Art. 1972.
A deposit may be constituted judicially or extrajudicially. The depositary
is obliged to keep the thing safely
Art. 1965.
and to return it, when required,
A deposit is a gratuitous contract,
to the depositor,
except when there is an agreement to the contrary,
or to his heirs and successors,
or unless the depositary
or to the person who may have been designated in the
is engaged in the business of storing goods.
contract.
Art. 1966.
His responsibility, with regard to the safekeeping and the loss of the
Only movable things may be the object of a deposit.
thing, shall be governed by the provisions of Title I of this Book.
Art. 1967.
If the deposit is gratuitous,
An extrajudicial deposit
this fact shall be taken into account
is either voluntary or necessary.
in determining the degree of care that the depositary
must observe.
VOLUNTARY DEPOSIT
Art. 1973.
Art. 1968. Unless there is a stipulation to the contrary,
A voluntary deposit the depositary cannot deposit the thing with a third
is that wherein the delivery person.
is made by the will of the depositor.
If deposit with a third person is allowed,
A deposit may also be made the depositary is liable for the loss
by two or more persons if he deposited the thing with a person who is manifestly
each of whom believes careless or unfit.
himself entitled to the thing deposited with a third person,
who shall deliver it in a proper case
to the one to whom it belongs. The depositary is responsible for the negligence of his employees.
The permission shall not be presumed, and its existence must be Nevertheless, should he discover
proved. that the thing has been stolen
and who its true owner is,
Art. 1979. he must advise the latter of the deposit.
The depositary is liable for the loss of the thing through a fortuitous
event: If the owner, in spite of such information,
(1) If it is so stipulated; does not claim it within the period of one month,
(2) If he uses the thing without the depositor's permission; the depositary shall be relieved of all responsibility
(3) If he delays its return; by returning the thing deposited to the depositor.
(4) If he allows others to use it,
even though he himself may have been authorized to use If the depositary has reasonable grounds to believe
the same. that the thing has not been lawfully acquired by the
depositor,
Art. 1980. the former may return the same.
Fixed, savings, and current deposits of money in banks and similar
institutions Art. 1985.
shall be governed by the provisions concerning simple loan. When there are two or more depositors,
if they are not solidary,
Art. 1981. and the thing admits of division,
When the thing deposited each one cannot demand more than his share.
is delivered closed and sealed,
the depositary must return it in the same condition, When there is solidarity or the thing does not admit of division, the
and he shall be liable for damages provisions of Articles 1212 and 1214 shall govern.
should the seal or lock be broken through his fault.
However, if there is a stipulation that the thing should be returned shall only be bound to return the price he may have
to one of the depositors, the depositary shall return it only to the received
person designated. or to assign his right of action against the buyer
in case the price has not been paid him.
Art. 1986.
If the depositor should lose his capacity to contract Obligations of the Depositor
after having made the deposit,
the thing cannot be returned except to the persons Art. 1992.
who may have the administration of his property and If the deposit is gratuitous,
rights. the depositor is obliged to reimburse the depositary
for the expenses he may have incurred
Art. 1987. for the preservation of the thing deposited.
If at the time the deposit was made
a place was designated for the return of the thing, Art. 1993.
the depositary must take the thing deposited to such The depositor shall reimburse the depositary
place; for any loss arising from the character of the thing
but the expenses for transportation shall be borne by the deposited,
depositor. unless at the time of the constitution of the deposit
If no place has been designated for the return, the former was not aware of,
it shall be made where the thing deposited may be, or was not expected to know the dangerous character of
even if it should not be the same place where the deposit the thing,
was made, or unless he notified the depositary of the same,
provided that there was no malice on the part of the or the latter was aware of it without advice from the
depositary. depositor.
Art. 2009.
but not that which may proceed from any force majeure.
As to matters not provided for in this Code, judicial sequestration
shall be governed by the Rules of Court.
The fact that travellers are constrained to rely on the
vigilance of the keeper of the hotels or inns
shall be considered in determining the degree of care
required of him.
Art. 2001.
The act of a thief or robber,
who has entered the hotel is not deemed force majeure,
unless it is done with the use of arms
or through an irresistible force.
Art. 2002.
The hotel-keeper is not liable for compensation
if the loss is due to the acts of the guest, his family,
servants or visitors,
or if the loss arises from the character of the things
brought into the hotel.
Art. 2003.
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.
Art. 2047.
By guaranty a person, called the guarantor, Should he have bound himself for more,
binds himself to the creditor his obligations shall be reduced
to fulfill the obligation of the principal debtor to the limits of that of the debtor.
in case the latter should fail to do so.
Art. 2055.
If a person binds himself solidarily with the principal debtor, the A guaranty is not presumed;
provisions of Section 4, Chapter 3, Title I of this Book shall be it must be express
observed. In such case the contract is called a suretyship. and cannot extend to more than what is stipulated
therein.
Art. 2048.
A guaranty is gratuitous, If it be simple or indefinite,
unless there is a stipulation to the contrary. it shall compromise not only the principal obligation,
but also all its accessories,
including the judicial costs,
Art. 2049.
A married woman may guarantee an obligation provided with respect to the latter,
without the husband's consent, that the guarantor shall only be liable for those costs
but shall not thereby bind the conjugal partnership, incurred
except in cases provided by law. after he has been judicially required to pay.
Nevertheless, a guaranty may be constituted The case is excepted where the creditor
to guarantee the performance of a voidable or an has required and stipulated that a specified person
unenforceable contract. should be the guarantor.
It may also guarantee a natural obligation.
Effects of Guaranty
Art. 2053. Between the Guarantor and the Creditor
A guaranty may also be given
Art. 2058.
as security for future debts,
The guarantor cannot be compelled to pay the creditor
the amount of which is not yet known;
unless the latter has exhausted all the property of the
debtor,
there can be no claim against the guarantor until the debt
and has resorted to all the legal remedies against the
is liquidated.
debtor.
Art. 2066.
The guarantor who pays for a debtor must be indemnified by the
latter.
Art. 2061.
The guarantor having fulfilled all the conditions required in the The indemnity comprises:
preceding article,
the creditor who is negligent in exhausting the property (1) The total amount of the debt;
pointed out
shall suffer the loss, (2) The legal interests thereon
to the extent of said property, from the time the payment was made known to the
for the insolvency of the debtor resulting from such debtor,
negligence. even though it did not earn interest for the creditor;
Art. 2062. (3) The expenses incurred by the guarantor after having notified the
In every action by the creditor, debtor that payment had been demanded of him;
which must be against the principal debtor alone,
except in the cases mentioned in Article 2059, (4) Damages, if they are due.