DEPOSITUM

Contract	DEPOSITUM
Object	Safekeeping/Custody of things
Definition	Depositum in a contract by which one person (depositor) delivered a thing to another one (depositee/ depositaruim) to keep for him gratuitously and to return it on demand
Type of contract	Bilateral, Bonae fidei, real – perfected by the delivery of the thing-
Parties	Depositor: Beneficiary of this contract Depositee/ depositarium
Obligations	Depositee: To keep the thing delivered and return exactly what he has received on demand
Features	Ownership is not transferred –difference with mutuum Use is not allowed- difference with commodatum
Essential Elements	Delivery of the thing Irregular deposit: when fungible things or consumable things (like money) were delivered in deposit (for safekeeping purposes) it was considered an irregular deposit ( in reality is a mutuum but it was allowed as an irregular deposit to allow the action depositum which was bonae fideii instead of the Actio Condictio which was of strict law)- THINK ABOUT THE MONEY YOU PUT IN THE BANKS
Standard of care	Depositee/Depositarium: was only liable for dolus , loss or damage caused by positive action from him Depositor: expenses and damages caused by the thing
Action	Breach of depositee: fail to return the thing on demand: Actio depositum directa To enforce rights from this contract against the depositor: Actio depositum contraria