Deposit - Necessary Deposit Flashcards
What is a necessary deposit?
A deposit is necessary when:
(a) It is made in compliance with a legal obligation
(b) When it takes place on the occasion of any calamity, such as fire, storm, flood, pillage, shipwreck, or other similar events.
What are the rules with regards to deposit of effects in hotels or inns?
The management of the hotels or inns are responsible as depositaries, provided that notice is given to them by the guests.
Their responsibility includes the loss of, or injury to the property, but not from any force majeure. Acts of a thief or robber is not considered as force majeure.
The hotels or inns cannot free himself from responsibility by posting notices, however, they are not liable if the loss of the property is due to the acts of the guests.
The hotel or inn has a right to retain the things brought by the guests as a security for the credits on account of lodging and supplies furnished to the guests.
What is a judicial deposit? What is the rule with regards to the depositary?
A judicial deposit takes place when an attachment or seizure of the property in litigation is ordered.
The depositary of the property cannot be relieved of his responsibility until the controversy which gave rise thereto has come to an end, unless the court orders.
