Chapter II: The deposit itself

The provision of the preceding article must be applied with greater rigour: 1° if the depositary has offered himself to receive the deposit; 2° if he has stipulated a salary for the custody of the deposit; 3° if the deposit has been made solely for the interest of the depositary; 4° if it has been expressly agreed that the depositary will be liable for any kind of fault.

Under no circumstances shall the depositary be liable for accidents due to force majeure, unless he has been given formal notice to return the thing deposited.

He may not use the thing deposited without the express or presumed permission of the depositor.

He must not seek to know what things have been deposited with him if they have been entrusted to him in a closed safe or in a sealed envelope.

The depositary must return identically the very thing he has received. Thus, the deposit of monies must be returned in the same species as it was made, either in the case of an increase or decrease in their value.

The depositor is only obliged to return the item deposited in the condition in which it is at the time of return. Any deterioration not caused by the depositor shall be borne by the depositor.

The depositary from whom the thing has been taken by force majeure and who has received a prize or something in its place must return what he has received in exchange.

The heir of the depositary, who has sold in good faith the thing of which he was unaware of the deposit, is bound only to return the price he has received, or to assign his action against the purchaser, if he has not received the price.

If the thing deposited has produced fruits which have been received by the depositary, he is obliged to return them. He owes no interest on the money deposited, except from the day on which he was put on notice to make restitution.

The depositary must return the thing deposited only to the person who entrusted it to him, or to the person in whose name the deposit was made, or to the person indicated to receive it.