Text of the provision
Art. 1977. The depositary cannot make use of the thing deposited without the express permission of the depositor. Otherwise, he shall be liable for damages. However, when the preservation of the thing deposited requires its use, it must be used but only for that purpose.
(1767a)
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
The depositary cannot use the thing without the depositor's express permission (or he is liable for damages) — except that he must use it if preservation requires, and then only for that purpose.
Related provisions
- Article 1976 — Commingling of Fungibles.
- Article 1978 — Permitted Use Converts the Deposit.
Cases citing this article
- Cesar V. Areza and Lolita B. Areza vs. Express Savings Bank, Inc. and Michael Potenciano, G.R. No. 176697, September 10, 2014 — 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.