Chapter Second: Obligations of the Depositary

Article 696

Art. 696 - The depository shall ensure the preservation of the deposited thing, with the same care that he devotes to the safeguarding of things that belong to him, unless the provisions of article 713 apply.

Article 697

Art. 697 - The depository has the right to substitute another person for the custody of the thing only if: 1) they have been expressly authorized to do so by the depositor; 2) or, there is an urgent and absolute necessity for such substitution.

Article 698

Art. 698 - The depositary is responsible for any person he has substituted except in the case provided for in number 2 of the preceding article, unless he proves that the thing would also have perished or been damaged in his hands and without his fault. \tIf he had the right to substitute another person, he is only responsible in two cases: \t1) if he has chosen a person who did not have the necessary qualifications to undertake the deposit; \t2) if, while having chosen well, he has given or substituted instructions which were the cause of the damage.

Article 699

Art. 699 - The depositor has a direct action against the substituted depositary, as he would have had against the depositary himself.

Article 700

Art. 700 - The depository is liable for the loss or deterioration of the thing, even if it occurred due to an external cause, when they use or dispose of the deposit without the authorization of the depositor. They are liable, in any case, for the loss or deterioration, even if accidental, of the thing, if they trade with it, but they then retain the benefit they were able to realize thereby. If they only use or dispose of a part of the thing, they are only liable for the part they used.

Article 701

Art. 701 - He cannot, unless for legitimate reason, compel the depositor to take back the thing before the agreed term. \tBut he must return it as soon as the depositor requests it, even if a later date had been fixed for the restitution.

Article 702

Art. 702 - The depository, requested by the depositor to return the thing, is put in default by the mere fact of an unjustified delay not legitimized by a lawful reason. When the deposit was made in the interest of a third party, however, he must not return the thing without the authorization of the latter.

Article 703

Art. 703 - If no date has been set for the restitution, the depository may effect this restitution at any time, provided that it is not inopportune, and that he grants the depositor a reasonable period to withdraw the deposit, or to make arrangements as circumstances may require.

Article 704

Art. 704 - Unless otherwise stipulated, the thing must be returned to the place where it was deposited. The costs of restitution, and those of transport if it was agreed that the thing would be returned to a place other than where it was deposited, are at the charge of the depositor.

Article 705

Art. 705 - The depository must return the deposited item to the depositor, or to the person in whose name the deposit was made, or to the person indicated to receive it; he cannot demand that the depositor justify ownership of the item. The person indicated to receive the deposited item has a direct action against the depository to compel him to return it to them.

Article 706

Art. 706 - If the deposit was made by an incapable person or by a person judicially declared insolvent, it can only be returned to the person who legally represents him, even if the incapacity or insolvency is subsequent to the deposit.

Article 707

Art. 707 - In the event of the death of the depositor, the depositary may only restore the thing to his heir or legal representative. If there are several heirs, the depositary may, at his choice, either refer the matter to the judge whose decision he shall execute, thereby discharging his liability, or restore the thing to each of the heirs, for his share and portion, in which case he shall remain liable. If the thing is indivisible, the heirs must agree among themselves to receive it. If there are minors or absentees among them, the thing may only be restored with the authorization of the judge. Failing agreement among the heirs or obtaining authorization, the depositary is released by consigning the thing, in accordance with the provisions relating to consignment, either spontaneously or by judgment rendered at the request of any interested party. When the estate is insolvent and when there are legatees, the depositary must always refer the matter to the judge.

Article 708

Art. 708 - The provisions of the preceding article apply equally in the case where the deposit was made by several persons jointly, unless it was expressly agreed that the deposit could be returned to one of them or to all.

Article 709

Art. 709 - If the deposit was made by a guardian or administrator, in such capacity, and if they no longer hold this capacity at the time of restitution, the deposit can only be returned to the person they represented, if they have the capacity to receive, or to the person who has succeeded the guardian or administrator.

Article 710

Art. 710 - The depositary must return the thing to the depositor even if a third party claims to have rights to it, unless it has been seized and judicially claimed against him. \tIn this case, he is bound to give immediate notice to the depositor of such seizure and claim, and must be released from proceedings as soon as he has justified his quality as simple depositary. \tIf the dispute extends beyond the term fixed for the deposit, he may be authorized to consign the thing for the account of whoever is entitled.

Article 711

Art. 711 - The depository shall restore identically the very thing that was received, as well as the accessories that were handed over with it, in the state in which it is found, unless the provisions of Article 714 are applied.

Article 712

Art. 712 - The depository shall return, along with the deposit, all natural and civil fruits that he has received.

Article 713

Art. 713 - The depository is liable for any cause of loss or deterioration against which it was possible to take precautions: 1 - when he receives a salary for the custody of the thing; 2 - when he receives deposits by virtue of his office or as a result of his functions.

Article 714

Art. 714 - The depositary is not responsible for the loss or damage occurring as a result of: \t1 - the nature or defect of the deposited thing, or the act of the depositor; \t2 - a case of force majeure, unless he is already in default of returning it. \tThe proof of the circumstances enumerated in paragraphs 1 and 2 above, is his burden when he receives a salary for the deposit or when he has received it by office or by virtue of his functions.

Article 715

Art. 715 - The depository to whom the thing was taken away by case of force majeure, and who has received a sum or something in its place, must restore what he has received.

Article 716

Art. 716 - Unless otherwise stipulated, if there are several depositories, they are jointly and severally liable amongst themselves with regard to the obligations and rights arising from the deposit.

Article 717

Art. 717 - The depositor is bound to reimburse the depositary for the expenses he has made for the preservation of the thing and to indemnify him for all losses which the deposit may have caused him.

Article 718

Art. 718 - The depository may retain the deposit until the full payment of what is owed to him by reason of the deposit.