Saturday, December 15, 2012

Obligations of Depositor


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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