TITLE X

DEPOSIT

CHAPTER I

GENERAL PROVISIONS

 

Section 657.- A deposit is a contract whereby a person, called the depositor, delivers a property to another person, called the depositary, and the depositary agrees to keep it in his custody and return it.

 

Section 658.- Remuneration for the deposit is deemed to have been impliedly agreed upon, if under the circumstances the undertaking of the deposit is to be expected only for remuneration.

 

Section 659.- If the deposit is undertaken gratuitously the depositary is bound to exercise as much care of the property deposited as he is accustomed to exercising his own affairs.

If the deposit is undertaken with remuneration the depositary is bound to exercise such care and skill as a person of ordinary prudence would exercise in the circumstance. This includes the exercise of special skill where such skill is required.

If the depositary professes a particular trade, business or calling, he is bound to exercise the degree of care and skill usual and requisite in such trade, business or calling.

 

Section 660.- If without the permission of the depositor the depositary uses the property deposited or lets a third person have the use or custody of it, he is liable for any loss or damage to the property, even caused by force majeure, unless he proves that the loss or damage would have happened in any case.

 

Section 661.- If a third person claims a right over the property deposited and enters an action against the depositary, or attaches the property, the depositary must forthwith give notice thereof to the depositor.

 

Section 662.- If a time for the return of the property deposited has been fixed, the depositary has no right to return the property before such time, except in case of unavoidable necessity.

 

Section 663.- Although the parties have fixed a time for the return of the property deposited, the depositary must return it at any time on demand made by the depositor.

 

Section 664.- If the parties have fixed no time for the return of the property deposited, the depositary can return it at any time.

 

Section 665.- The depositary is bound to return the property deposited to the depositor, or to the person in whose name it was deposited, or to the person to whom he has been duly directed to return it.

Provided that if the depositor dies, the property deposited shall be returned to his heir.