Text of the provision
Art. 1973. Unless there is a stipulation to the contrary, the depositary cannot deposit the thing with a third person. If deposit with a third person is allowed, the depositary is liable for the loss if he deposited the thing with a person who is manifestly careless or unfit. The depositary is responsible for the negligence of his employees.
(n)
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
Absent contrary stipulation, the depositary cannot deposit the thing with a third person; if allowed to, he is liable for loss if he chose a manifestly careless or unfit sub-depositary, and for his employees' negligence.
Related provisions
- Article 1972 — Depositary's Duty to Keep and Return.
- Article 1974 — Change in the Manner of Deposit.
Cases citing this article
- Regina Q. Alba, Joined by Her Husband, Rudolfo D. Alba vs. Nida Arollado, Joined, G.R. No. 237140, October 5, 2020 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.