Notes on Voluntary Deposit

VOLUNTARY DEPOSIT
*Read Art. 1968 in relation to Art. 1984 (NCC), Rule 63 Sec. 1 (RRC)

- When the Delivery of object is made by the Will/Mere Consent of the Depositor
- As opposed to Necessary Deposit, where Complete Freedom of Action is Absent.
- Depositor Need Not be the Owner - after all, depositor does Not Transfer Ownership over subject matter
        + "Depositary cannot demand that the depositor prove his ownership of the thing deposited" (Art. 1984)
- Remedy of depositary is Interpleader

Art. 1969
Form:
- Oral
- Written
       + Both requires Delivery

Art. 1970
When Depositor is Incapacitated
(See Arts. 1970, 1379)
- Depositary is subject to all  the obligations of a depositary, whether or not the depositor is capacitated 
- Depositary may still accept the thing from Depositor but latter cannot compel its return
- Unless by latter's legal representative (E.g. Guardian or Administrator) or by Depositor if he should acquire capacity (Ex. of sound mind again)
- Contract under Art. 1970 is Voidable
- If ca

When Depositary is Incapacitated
- See Art. 1971)
- Depositor may recover the thing deposited while it is still in the possession of the Depositary