Chapter on Deposits

For a deposit to be valid, the person with whom it is placed must himself be legally competent to dispose of property. If someone entrusts his wealth to a minor, an insane person, or a spendthrift and that person then destroys it, no liability is incurred. By contrast, if any of those persons entrusts property to him, he becomes liable for it and is not discharged ⦗2⦘ until he hands it back to that person’s guardian.

The depositary is obliged to safeguard the deposit in a place customarily considered secure for such an item, either personally or through someone who effectively represents him, such as his wife or his slave.

Should he, for a legitimate excuse, transfer it to a stranger, he bears no liability. Likewise, if the owner has forbidden him to remove it from its place of safekeeping but he nevertheless removes it because an event has occurred that normally results in its destruction, he is not liable. However, if he leaves it where it is and does not remove it, or removes it for a reason other than fear of loss, he is liable. So ⦗3⦘ if the owner has told him, “Do not take it out even if you fear for it,” and fear of loss then arises—whether he removes it or not—he is not liable.

If, when a bandit or the like breaks in, he throws the deposit aside in order to hide it, he is not liable.

If the deposit is a beast and he fails to feed it until it dies, he is liable for its loss.