Text of the provision
Art. 1971. If the deposit has been made by a capacitated person with another who is not, the depositor shall only have an action to recover the thing deposited while it is still in the possession of the depositary, or to compel the latter to pay him the amount by which he may have enriched or benefited himself with the thing or its price. However, if a third person who acquired the thing acted in bad faith, the depositor may bring an action against him for its recovery.
(1765a)
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
Where the depositary is incapacitated, the depositor may recover the thing while it is still with the depositary, or recover the extent of the depositary's enrichment — and may pursue a bad-faith third-person acquirer.
Related provisions
- Article 1970 — Deposit by an Incapacitated Depositor.
- Article 1972 — Depositary's Duty to Keep and Return.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.