Civil Code, Article 1967 — Voluntary or Necessary

What this article means

An extrajudicial deposit is either voluntary or necessary.

The line between a voluntary and a necessary extrajudicial deposit turns on how much freedom the depositor had in choosing both the depositary and the terms of the arrangement. A voluntary deposit, covered in the articles immediately following, is entered into by the free will of both parties. A necessary deposit arises instead where urgency or circumstance leaves the depositor little real choice — for instance, no time to negotiate or select a depositary. Because the depositor's bargaining position differs so sharply between the two, the Code subjects each to a distinct set of rules on diligence and liability.

Questions about this provision

• When is a deposit considered necessary instead of voluntary under Philippine law?

Related provisions

• Article 1966 — Only Movables.
• Article 1968 — Voluntary Deposit.

Cases interpreting this article

• Authorities on this article will be added here as each is verified against primary sources.