Chapter IV. On Deposit and Sequestration

844. Deposit is a contract by which, gratis, a thing is committed to be kept, and accepted, to be restored whole when the depositor pleases.

1. The depositary is bound to preserve and keep the thing deposited with that care and diligence which diligent men are accustomed to apply in preserving similar things belonging to themselves; for he accepted that custody for himself. Hence, if the thing perishes through his fraud, or through carelessness theologically culpable, he is bound to restitution.

2. The depositary cannot use the thing deposited without the express or tacit consent of the owner, or at least a consent prudently presumed; for it is not lawful to use another's thing without consulting the owner.

3. He is bound immediately to return the deposited thing to one asking for it; otherwise he would have another's thing while the owner is reasonably unwilling. Except, unless the depositor asks for it to his own or another's damage; or unless the thing is stolen, and the owner asks for it; or also, at least in conscience, unless the depositary has a just cause of compensation. Moreover the thing deposited must be returned in that state in which it is found at the time of restitution, and with the fruits received from it. But if by the fault of the depositary it has been made worse, he is bound to repair the damage.

The depositor is bound to pay the expenses which the depositary underwent in preserving the thing deposited, and to render him unharmed for all things which he suffered by occasion of the deposit. Thus, for example, if you should deposit a horse in another's stable, you must pay the expenses of its feeding; and if that horse should labor under a contagious disease, by which the horses of the depositary are infected, you are bound to render him unharmed. Hence the saying: One's office ought to be damaging to no one. See Cases, n. 875 and following.

845. Sequestration is a species of deposit, by which a controverted thing is deposited with a third person, so that after the sentence of a judge or arbitrator it may be handed over to the victor.

A twofold sequestration is distinguished: conventional, which is made by the mutual agreement of the contenders; and judicial, which is decreed by the sentence of the judge. Concerning each it will be enough to note the following:

1. The object of sequestration, both conventional and judicial, can be a movable or an immovable thing.

2. Conventional sequestration can be not gratuitous, and then it is a hiring of services, and is subject to the laws of that contract. But if it is gratuitous, it is subject to the same rules as deposit. It is not dissolved, however, unless by mutual consent of the parties, or if a legal cause supervenes.

3. In judicial sequestration the custodian must exercise the care of a good father of a family; but the one committing the custody is bound to pay the depositary the wage established by law. Thus from natural and positive law.