The law of deposit : a comparative study

Abstract

It frequently happens that possessors or owners of things are bound to leave their things in custody with other persons, either because they find themselves in circumstances which prohibit them from taking care of their things themselves, or because they would not be safe if they had to be with them, or for any other reason. In such cases, one can leave them with persons who are trustworthy, and who are willing to take care of them. Such an agreement is called "a deposit". This thesis is aimed at a comparative study of a contract which, undoubtedly is the most peaceful contract not only of the family of real contracts to which it belongs but of all contracts under the Law of Obligations. Many a time, in fact, it is referred to as the agreement which is reached between friends and the service to be rendered which is agreed upon is termed "a friendly deposit". This is the concept of the contract of deposit as emerges and as is regulated by our Civil Code. However, although the subject of this study is concentrated on this amicable contract, emphasizing its particular importance and the manner in which it represents a useful service, a reference has also been made to the specialized types of "deposit" which are regulated specifically by foreign legislations and which, unfortunately, we have not yet reached the stage of incorporating into our law and thus, rendering the contract less archaic and commensurate with twentieth century exigencies by concentrating on its socio-economic objectives.