Text of the provision
Art. 1964. A deposit may be constituted judicially or extrajudicially.
(1759)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
A deposit may be constituted judicially or extrajudicially.
A judicial deposit (also called sequestration) is one ordered by a court, typically to preserve property that is the subject of litigation until the case is resolved, so the depositary answers to the court rather than to a private party. An extrajudicial deposit, taken up in the articles that follow, instead arises from the agreement of the parties or from the pressure of circumstances such as an emergency, without any court order. The distinction determines which body of rules — court procedure or the Code's own provisions — governs the depositary's duties.
Questions about this provision
Related provisions
- Article 1963 — Deposit Perfected by Delivery.
- Article 1965 — Deposit Generally Gratuitous.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.