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Deposit

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Deposit

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  1. Deposit Group 2 De Guzman. Halili. Macaraig. Patupat. Saringan. Villarias.

  2. DEPOSIT • constituted from the moment a person receives a thing belonging to another, with the obligation of safely keeping it and of returning the same.(Art. 1962) Characteristics2 • real contract(Art.1963) • unilateral, if gratuitous; bilateral, if for compensation Purpose • Safekeeping of the thing delivered(Art.1962)

  3. Kinds of Deposit • Judicial • 2. Extrajudicial(Art.1967) • voluntary • necessary Deposit -generally gratuitous except, through established stipulation or engaged in the business of storing goods

  4. EXTRAJUDICIAL DEPOSIT • VOLUNTARY DEPOSIT – delivery is made by the will of the depositor (Art. 1968) Depositorsneed not be the owner of the thing deposited. Art. 1984 - The depositary cannot demand proof of ownership from the depositor. Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  5. Where There Are Several Depositors Two  or  more  persons  each  claiming  to  be  entitled tothe thing deposited may deposit the same with a third person who assumes the obligation to deliver to the one to whom it belongs. (Art. 1968) The action to compel the depositors to settle their conflicting claims among themselves is covered in Sec. 1 of Rule 63 in the Rules of Court. Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  6. Form of Contract of Deposit A contract of deposit may be entered into orally or in writing. (Art. 1969) Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  7. Where Depositary Capacitated and the Depositor Incapacitated The depositary is subject to all the obligations of a depositary, whether or not the depositor is capacitated. Depositary must return the property to the legal representative of the depositor or the depositor himself if he should acquire capacity. Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  8. Where Depositary Incapacitated and the Depositor Capacitated • The depositary doesn’t incur the obligation of a depositary. However, he is liable: • To  return  the  thing  deposited  while  still  in  his possession • To the  pay the depositor the  amount by  which  he may  have  benefited  himself  with  the  thing  or  its price  subject  to  the  right  of  a  third  person  who acquired the thing in good faith Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  9. When Depositor Lost Capacity During the Deposit The thing can be returned only to his guardian or administrator Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  10. OBLIGATIONS OF THE DEPOSITARY • Take care of the thing with the proper diligence of a good father of a family unless the stipulation of the parties requires another standard of care (1163) • Be liable for damages if the thing is lost through his fault or negligence (1170) • Return the thing when required (1972) Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  11. OBLIGATIONS OF THE DEPOSITARY • Transfer of deposit to third person (Art. 1973) • GR: The depositary may not transfer the deposit to third person (1973) • EXC: • When there is stipulation authorizing the depositary • Exception to exception: When the third person is manifestly careless or unfit Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  12. OBLIGATIONS OF THE DEPOSITARY • Change the way of deposit (Art. 1974) • GR: The depositary may not change the way of deposit • EXC: • Under circumstances when he could reasonably presume that the depositor would consent to the change • When there is notice to the depositor and the depositor gives his consent • When delay of decision would cause danger Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  13. OBLIGATIONS OF THE DEPOSITARY • Obligation of the depository when he is holding instruments which earn interest (Art. 1975) • (certificates, bonds, securities) • Collect the interest as it becomes due • Take such steps necessary to preserve its value and rights corresponding to it • Article 1975 does not apply to contracts for rent of safety deposit boxes Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  14. OBLIGATIONS OF THE DEPOSITARY The depositary may commingle grain or other articles of same kind and quality. Various depositors shall own proportionate interest in the mass. (Art. 1976) Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  15. OBLIGATIONS OF THE DEPOSITARY • Use of the thing deposited (Art. 1977) • GR: The depositary may not use the thing deposited • EXC: • When he is expressly authorized by the depositor • When usage is for preservation of the thing • When the depositary has permission to use the thing, the contract becomes a loan or commodatum, except when safekeeping is still the purpose Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  16. OBLIGATIONS OF THE DEPOSITARY • Loss of the thing deposited through a fortuitous event • GR: The depositary is not liable • EXC: (Art. 1979) • When there is stipulation to the contrary • If he uses the thing without the depositor’s permission • If he delays its return • If he allow others to use it even if he himself is given the authority to use the thing deposited • Fixed, saving, and current deposits of money in banks shall be governed by the provisions concerning simple loan (Art. 1980) Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  17. OBLIGATIONS OF THE DEPOSITARY • When the thing deposited is delivered closed and sealed • GR: • The depositary must return it in the same condition • Be liable for damages when the seal is broken through his fault • Keep the secret of the deposit once the seal or lock is broken • EXC: • When it becomes necessary to open a locked box or receptacle, the depository is presumed authorized to do so if the key has been given to him • When opening is necessary to execute the instructions of the depositor Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  18. OBLIGATIONS OF THE DEPOSITARY • Obligation of depositary to return products, accessories, and accessions (Art. 1983) • The depositary should return to the depositor [who is the owner or at least represents the owner] • The thing deposited • Its products, accessories, and accessions • The depositary shall be liable for interest • If the what is deposited is money, • Depositary is in delay or he has used the money without permission Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  19. OBLIGATIONS OF THE DEPOSITARY Depositor need not prove his ownership (Art. 1984) GR: The depositary cannot require the depositor to prove ownership over the thing. To constitute a deposit, the depositor need not be the owner of the thing. The depositary has an obligation to notify the real owner of the thing deposited if.. 1)      The thing deposited is stolen 2)      The depositary knows who its true owner is. Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  20. OBLIGATIONS OF THE DEPOSITARY If the owner does not claim it within one month the depositary shall be relieved of all responsibility by returning the thing deposited to the depositor. If the depositary has reasonable grounds to believe that the thing has not been lawfully acquired by the depositor, the former may return the same. Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  21. OBLIGATIONS OF THE DEPOSITARY • Right of two or more depositors to demand return of their respective shares • Thing deposited divisible and depositors not solidary • each depositor can demand only his proportionate share • Obligation is solidary or thing deposited not divisible • - the rules on active solidarity shall apply (Art. 1212 and 1214), thus the depositary can return the thing to anyone of the solidary depositors unless a demand, judicial or extrajudicial has been made Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  22. OBLIGATIONS OF THE DEPOSITARY • 3. Return to one of depositors stipulated • - the depositary is bound to return it to the person designated although he has not made any demand for its return Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  23. OBLIGATIONS OF THE DEPOSITARY • Person to whom return must be made • The depositary is obliged to return the thing deposited when required to • Depositor • His heirs and successors • Person designated in the contract • 2. If the depositor, at time of making the deposit, was incapacitated, the property must be returned to his  • Guardian or administrator • Person who made the deposit • To the depositor himself if he subsequently acquire capacity • 3. If depositor subsequently loses capacity during deposit • Thing must be returned to legal representative Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  24. OBLIGATIONS OF THE DEPOSITARY • Art. 1986 Depositor lost capacity to contract after deposit • Place of Return (Art. 1987) • Thing must be returned at • At the place stipulated [expenses borne by depositor] • In absence of stipulation, location of thing (even if it is not the same location where the original deposit was made provided no malice on part of depositary in making the transfer)  Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  25. OBLIGATIONS OF THE DEPOSITARY • Time of Return • GR: Upon demand, even if there is stipulation as to the fixed time for return, thing deposited must be returned to the depositor • EXC: • When the thing is judicially attached while in the depositary's possession, or  • Depositary notified of the opposition of a 3rd person to the return  Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  26. OBLIGATIONS OF THE DEPOSITARY • Right of depositary to return thing deposited (Art. 1989) • GR: The depositary may return the thing deposited even if there is a time stipulated for the return provided that • The deposit is gratuitous • Justifiable reasons exist for its return • If the depositor refuses to receive the thing, the thing may be deposited at the disposal of judicial authority. • If the deposit is for a valuable consideration, depositary has no right to return the thing before expiration of term Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  27. OBLIGATIONS OF THE DEPOSITARY Liability for loss by force majeure or government order (Art. 1990) GR: Depositary is not liable for loss of thing by force majeure or by government order. If he receives money, he must give to the depositor. Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  28. OBLIGATIONS OF THE DEPOSITARY Alienation in good faith by depositary’s heir (Art. 1991) Where the depositary’s heir, who is in good faith, have sold the thing which he did not know was deposited, he shall be bound to Return the Price Assign his right of action against buyer in case price has not been paid by him Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  29. OBLIGATIONS OF THE DEPOSITOR • Obligation To Pay Expenses of Preservation (Art. 1992) • Deposit gratuitous • –Depositor is obliged to reimburse the expenses for preservation • Deposit for compensation • –The expenses of preservation are deemed included in the compensation. There can however be a contrary stipulation. Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  30. OBLIGATIONS OF THE DEPOSITOR • Obligation To Pay Losses Due To Character of the Thing (Art. 1993) • The depositor shall reimburse the depositary EXCEPT when • at  the  time  of  the  constitution  of  the  deposit, depositor was not aware of, or was not expected to know the dangerous character of the thing, or • he notified the depositary  of  the  same,  or • the  latter  was  aware  of  it without advice from the depositor Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  31. OBLIGATIONS OF THE DEPOSITOR  Depositary’s Right of Retention (Art.  1994) The depositary may retain the thing in pledge until the full payment of what may be due him by reason of the deposit. (1780) Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  32. OBLIGATIONS OF THE DEPOSITOR • Extinguishment of Deposit (Art. 1995) • Upon the loss or destruction of the thing deposited; • In case of a gratuitous deposit, upon the death of either the depositor or the depositary. • There could also be other causes such as return of the thing, novation, merger, expiration of term, fulfillment of resolutory condition (Art. 1231) Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  33. OBLIGATIONS OF THE DEPOSITOR • Effect of Death of Depositor or Depositary • Deposit gratuitous —the death of either the depositor or depositary extinguishes the deposit. • Deposit for compensation —deposit is not extinguished. The rights and obligations arisingtherefrom are transmissible to their respective heirs. But the heirs of either party have a right to terminate the deposit even before the expiration of the term. Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  34. EXTRAJUDICIAL DEPOSIT • NECESSARY DEPOSIT • Made in compliance with a legal obligation (Art. 1996) • GR: (Art. 1997) • Provisions of the law establishing the necessary deposit and, • In case of deficiency, rules of voluntary deposit Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  35. On the occasion of any calamity (Art. 1996) • GR: (Art. 1997) • Provisions concerning voluntary deposit • Article 2168 – A person is bound to pay just compensation to another who saved his property during a calamity Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  36. Deposit made by travelers in hotels or inns •      Hotel-keepers are held responsible if: (Art. 1998) • previously informed about the effects brought by the guests • Guests took the precautions prescribed by the hotel-keeper Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  37. In case of loss/damage to the personal property of guests, *Any stipulation suppressing or diminishing the responsibility of hotel-keepers as set forth in the provisions shall be VOID.  (Art. 2003) *Hotel-keepers have the right to retain the things as a security for the guest’s credits. (Art. 2004) Deposit 1. Judicial2. Extrajudicial -Voluntary -Necessary

  38. SEQUESTRATION OR JUDICIAL DEPOSIT –takes place when an attachment or seizure of property in litigation is ordered (Art. 2005) –auxiliary to a case pending in court Deposit1. Judicial 2. Extrajudicial -Voluntary -Necessary

  39. Obligation of depositary of sequestrated property • He may not be relieved of his responsibility until the litigation is ended or the court so orders. (Art. 2007) • He has to take care of the property with the diligence of a good father of a family. (Art. 2008) Deposit1. Judicial 2. Extrajudicial -Voluntary -Necessary

  40. Deposit1. Judicial 2. Extrajudicial -Voluntary -Necessary

  41. Deposit1. Judicial 2. Extrajudicial -Voluntary -Necessary

  42. As to the matters not provided for in this Code, judicial sequestration shall be governed by the Rules of Court. (Art. 2009) Deposit1. Judicial 2. Extrajudicial -Voluntary -Necessary