Chapter II: The deposit itself

Voluntary deposits are formed by the mutual consent of the person making the deposit and the person receiving it.

Voluntary deposit may regularly be made only by the owner of the thing deposited, or with his express or tacit consent.

Where the deposit being above the figure provided for in Article 1359 is not proved in writing, the person who is challenged as the depositary is believed to be the depositary on the basis of his declaration either for the fact of the deposit itself, or for the thing which was the object of the deposit, or for the fact of its restitution.

Voluntary deposits may only take place between persons capable of contracting. Nevertheless, if a person capable of contracting accepts a deposit made by an incapable person, he is bound by all the obligations of a true depositary; he may be sued by the tutor or administrator of the person who made the deposit.

If the deposit has been made by a capable person to a person who is not capable, the person who made the deposit has only the action for revendication of the thing deposited, so long as it exists in the hand of the depositary, or an action for restitution to the extent of what has turned to the benefit of the latter.