- Statute
- Civil Code
- Article
- Art. 1977
- Topic
- Voluntary Deposit
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE XII DEPOSIT
- Chapter
- CHAPTER 2 Voluntary Deposit
- Formerly
- Art. 1767a of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
The depositary cannot make use of the thing deposited without the express permission of the depositor. Otherwise, he shall be liable for damages. However, when the preservation of the thing deposited requires its use, it must be used but only for that purpose. (1767a)
Intellegal Wiki · In plain terms
A depositary generally may not use the thing left in their care without the depositor's express permission, and doing so makes them liable for damages. The one exception is when using the item is necessary to preserve it, in which case it must be used, but strictly for that purpose.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Cesar v. Areza G.R. No. 176697
Related provisions in this Chapter
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