Professional Documents
Culture Documents
1. Deposit in General
a. Definition
Article 1962. - A deposit is constituted
from the moment a person receives a thing belonging to
another, with the obligation of lately keeping it and
returning the same. If the safe keeping of the thing
delivered is not the principal purpose of the contract,
there is no deposit but some other contract.
except:
b. Kinds of Deposits
i. judicial (sequestration) - when an attachment or
seizure of property in litigation is ordered.
ii. extrajudicial
*necessary
- made in compliance with a legal obligation.
- on the occasion of a calamity.
- made by travellers in hotels or inns.
- made by travellers with common carrier.
deposit.
d. Deposit distinguished from other contracts:
c. Characteristics of Deposit
i. Real- it is a real contract because it is
perfected by delivery.
ii. The principal purpose is safe keeping of the
thing delivered.
iii. If the contract of deposit is gratuitous, it is
unilateral because only the depositary has the obligation
but if it is not gratuitous it is bilateral because it gives rise
to the obligations of both parties.
2. Voluntary Deposit
a. Definition
A voluntary deposit is that wherein the delivery of
the object is made by the will of the depositor. A deposit
may also be made by two or more persons each of whom
believes himself entitled to the ting deposited with a third
person, who shall deliver it in a proper case to the one to
whom it belongs.
b. Interpleader
***Extinguishment of a deposit:
Art. 1995. A deposit is extinguished:
(1) Upon the loss or destruction of the thing deposited;
(2) In case of a gratuitous deposit, upon the death of
either the depositor or the depositary
3. Necessary Deposit
a. When is deposit necessary?
Article 1996. A deposit is necessary:
(1) When it is made in compliance with a legal obligation;
(2) When it takes place on the occasion of any calamity,
such as fire, storm, flood, pillage, shipwreck, or other
similar events.
b. Two other kinds of necessary deposit:
i. That made by travellers in hotels or inns.
***Art. 1998. The deposit of eects made by travellers in
hotels or inns shall also be regarded as necessary. The
keepers of hotels or inns shall be responsible for them as
depositaries, provided that notice was given to them, or to
their employees, of the eects brought by the guests and
that, on the part of the latter, they take the precautions
which said hotel-keepers or their substitutes advised
relative to the care and vigilance of their eects.
***Innkeeper Defined
The keeper of an inn for the lodging of travellers and
passengers for a reasonable compensation. He is
distinguished from the proprietor of other public houses
of entertainment in that he publicly holds out his place as
one where all transient persons who choose to come will
be received as guests. (Holstein v. Phillips, 146 N.C. 366).
***Occasional Entertainment Defined
The occasional entertainment of travellers does not of
itself make one an innkeeper. (Holstein v. Phillips, supra).
***Travellers Defined
The word travellers refers to transient and was certainly
not meant to include ordinary or regular boarders in any
apart- ment, house, inn, or hotel. Distance travelled is
immaterial. Notice furthermore that the law sometimes
uses the term guests instead of travellers. For purposes of
the provisions on this kind of necessary deposit, the two
terms are synonymous. (Holstein v. Phillips, supra).
***Reasons for the Liability of the Hotels or Inns