What
are the Obligations of the Depositary?
1. Primary obligation: Safekeeping with
the depositary exercising over the thing deposited the same diligence as he
would exercise over his property; the required degree of care is greater if the
deposit is for compensation;
2. Primary obligation: Return of
the thing when required to:
a. the depositor; or
b. his heirs or successors; or
c. the person who may have been designated in the contract;
3. Obligation not to transfer the deposit to a 3rd person
UNLESS it is stipulated
Liability for loss:
a. he transfers the deposit with a 3rd person without
the authority although there is no negligence on his part and the 3rd person;
b. he deposits the thing with a 3rd person who is
manifestly careless or unfit although authorized, even in the absence of
negligence; or
c. the thing is lost through the negligence of his employees whether
the latter are manifestly careless or not
- BUT he is exempt from liability if the thing is lost without the
negligence of the 3rd person with whom he was allowed to
deposit the thing & such 3rd person is not “manifestly
careless or unfit”
4. Obligation not to change the way or manner of the
deposit
- BUT under the circumstances, he may reasonably presume that the
depositor would consent to the change if he knew of the facts of the situation;
however, before such change, he must notify the depositor, unless delay would
cause danger.
5. Obligation to things deposited earning interest:
a. collect capital and interest as it becomes due
b. take steps as may be necessary to preserve
its value & the right corresponding to it;
NOTE: This doesn’t
apply to contract for the rent of safety deposit boxes because such is a
special kind of deposit.
6. Obligation not to commingle things deposited if
stipulated
- The GR is that the depositary is permitted to commingle articles
of the same kind and quality; the various depositors shall then own the entire
mass in common and in proportion.
7. Obligation not to make use of the thing deposited
- Unless authorized. Otherwise, the depositary shall be liable for
damages. BUT he may make use of the thing deposited even if unauthorized where
such use is necessary, but in such case, the use is limited for that purpose
only.
8.
Obligation to return the
products, accessories and accessions;
9.
Obligation to pay
interest on sums converted to personal use
- If money is deposited, the depositary has no right to make used
thereof and therefore he is not liable to pay interest. But if he be in
delay or he used the money without permission, he shall be liable for interest
as indemnity on the sums he has applied to his own use from the day on which he
did so, and those which he still owes after the extinguishment of the deposit.
10.
Obligation of the
depositary where the thing deposited is delivered closed and sealed:
i. return it in the same condition, closed and sealed;
ii. pay damages should the seal or lock be broken through his fault
which is presumed unless proved otherwise; and
iii. keep the secret of the deposit when the seal or lock is broken,
with or without his fault
NOTE: As for the value
of the thing deposited, the statement of the depositor shall be accepted when
the forcible opening is imputable to the depositary, should there be no proof to
the contrary. However, the courts may pass upon the creditability
of the depositor with respect to the value claimed by him.
NOTE: The
depositary is justified in opening the sealed or locked things when:
a. there is presumed authority –
when the key has been delivered to him
b. there is necessity – when
instructions of the depositor as regards the deposit cannot be executed without
opening the box or receptacle
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