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Civil Code, Art. 1978

Voluntary Deposit · Formerly Art. 1768a of the old Civil Code

Statute
Civil Code
Article
Art. 1978
Topic
Voluntary Deposit
Status
In force
Book
BOOK IV Obligations and Contracts
Title
TITLE XII DEPOSIT
Chapter
CHAPTER 2 Voluntary Deposit
Formerly
Art. 1768a of the old Civil Code
Year
1949

The provision

When the depositary has permission to use the thing deposited, the contract loses the concept of a deposit and becomes a loan or commodatum, except where safekeeping is still the principal purpose of the contract. The permission shall not be presumed, and its existence must be proved. (1768a)

Civil Code, Art. 1978 is found in CHAPTER 2 Voluntary Deposit of TITLE XII DEPOSIT of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.