A deposit is constituted from the moment a person receives a thing belonging to another with the obligation of safely keeping it and of returning the same. The principal purpose of a deposit is the safekeeping of the thing, which distinguishes it from a loan (commodatum), whose purpose is the use of the thing. Deposit is generally gratuitous, unless there is a contrary agreement or the depositary is engaged in the business of storing goods. The depositary's principal obligations are: to keep the thing safely and to return it, with its fruits and accessions, when the depositor demands it (even if a period was fixed, the depositor may demand return at will, since the deposit is for the depositor's benefit); to not use the thing without the depositor's permission; and to not commingle the thing if it is to be kept separately. A voluntary deposit is one where the depositor freely chooses the depositary; a necessary deposit arises from a legal obligation or on the occasion of a calamity (and, importantly, the deposit of effects of guests in hotels and inns is treated as a necessary deposit, making the hotelkeeper liable for the guests' belongings under the conditions the law sets). An irregular deposit occurs when what is deposited is money or fungible things and the depositary is authorized to use them, in which case it resembles a loan. So a deposit centers on safekeeping and the duty to return.
What a Deposit Is
A deposit arises when a person receives a thing of another with the obligation of safely keeping it and returning the same. Its purpose is safekeeping, unlike commodatum (whose purpose is use).
The Depositary's Duties
- Keep the thing safely and return it (with fruits) on demand — even if a period was fixed, since the deposit is for the depositor's benefit;
- Not use the thing without permission; and
- Not commingle it if to be kept separately.
Kinds of Deposit
Voluntary (freely chosen depositary) or necessary (by law or calamity — including hotel guests' effects, making the hotelkeeper liable). An irregular deposit of money/fungibles usable by the depositary resembles a loan.
Practical Takeaways
- A deposit centers on safekeeping and return;
- The depositor can demand return at will;
- Hotels/inns are liable for guests' effects as a necessary deposit.
Frequently Asked Questions
What is a contract of deposit? One constituted when a person receives a thing belonging to another with the obligation of safely keeping it and of returning the same. Its principal purpose is safekeeping.
How is deposit different from commodatum? The purpose of a deposit is the safekeeping of the thing, while the purpose of commodatum is the use of the thing. Both involve holding another's property, but for different ends.
Can the depositor demand return before an agreed period? Yes. Even if a period was fixed, the depositor may demand the return of the thing at will, because the deposit is constituted principally for the depositor's benefit.
Are hotels liable for a guest's belongings? Yes, under the conditions the law sets. The deposit of effects of guests in hotels and inns is treated as a necessary deposit, making the hotelkeeper liable for the guests' belongings.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
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