What
are the Obligations of the Depositor?
1.
obligation to pay
expenses of preservation
a.
deposit is gratuitous - obliged to reimburse a depositary for expenses of
preservation whether ordinary or extraordinary
b.
deposit for compensation - depositary bears the expenses of preservation
because they are deemed included in the compensation
2.
obligation to pay losses
suffered due to the character of the thing deposited,
UNLESS:
a.
depositor was not aware
or was not expected to know the dangerous character of the thing;
b.
depositor notified the
depositary of the dangerous character;
c.
depositary was aware of
the dangerous character without advice from the depositor;
Other Matters Concerning
a Depositor
1.
Depositary has a right
to retain the thing in pledge until full payment of what may be due him by
reason of the deposit
2.
A deposit is extinguished:
a.
upon the loss or
deterioration of the thing deposited;
b.
upon the death of the
depositary, ONLY in gratuitous deposits;
c.
other provisions in the
Civil Code (novation, merger, etc.)
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