What
is a Voluntary Deposit?
A. General Provisions:
- Depositor need not be the owner of the thing deposited, in fact
the depositary cannot dispute the title of the depositor to the thing
deposited.
- When there are several persons claiming the thing deposited, they
may deposit it to a 3rd person who assumes the obligation to
deliver it to the one whom it belongs
- The action to compel the depositors to settle their conflicting
claims is an interpleader.
- A contract of deposit may be entered into orally or in writing
Depositary - capacitated
Depositor -
incapacitated
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Depositary -
incapacitated
Depositor -
capacitated
|
Depositary is subject to ALL the obligations of a
depositary
|
Depositary does not incur the obligations of a depositary
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Depositary must return the property either to:
a) the legal representative of the incapacitated, OR
b) the depositor himself if he should acquire
capacity
|
Depositary, however is liable to:
a) return the thing deposited while still in his
possession; AND
b) pay the depositor the amount by which he may have
benefited himself with the thing or its price subject to the right of any 3rd person
who acquires the thing in good faith
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