Louisiana Civil Code

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TITLE XIII - DEPOSIT AND SEQUESTRATION

 

CHAPTER 1 - DEPOSIT

Art. 2926. A deposit is a contract by which a person, the depositor, delivers a movable thing to another person, the depositary, for safekeeping under the obligation of returning it to the depositor upon demand. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2927. In matters for which no special provision is made in this Title, the contract of deposit is governed by the Titles of "Obligations in General" and "Conventional Obligations or Contracts". [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2928. The contract of deposit may be either onerous or gratuitous. It is gratuitous in the absence of contrary agreement, custom, or usage. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2929. The formation of a contract of deposit requires, besides an agreement, the delivery of the thing to the depositary. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2930. When the deposit is onerous, the depositary is bound to fulfill his obligations with diligence and prudence.

When the deposit is gratuitous, the depositary is bound to fulfill his obligations with the same diligence and prudence in caring for the thing deposited that he uses for his own property.

Whether the deposit is gratuitous or onerous, the depositary is liable for the loss that the depositor sustains as a result of the depositary's failure to perform such obligations. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2931. The depositary may not use the thing deposited without the express or implied permission of the depositor. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2932. When the thing deposited is a consumable and the depositary has permission to consume or dispose of it, the contract is a loan for consumption rather than deposit and is governed by the laws applicable to that contract. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2933. The depositary is bound to return the precise thing that he received in deposit. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2934. When the thing deposited is lost or deteriorated without any fault of the depositary, the depositary is nevertheless bound to deliver to the depositor whatever value the depositary received as a result of that loss, including the proceeds of any insurance. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2935. The depositary is bound to deliver to the depositor the civil and natural fruits that he received from the thing deposited. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2936. The depositary may not require the depositor to prove that he is the owner of the thing deposited. If the depositary discovers that the thing deposited was stolen, the depositary may refuse to return the thing to the depositor and is exonerated from liability if he delivers the thing to its owner. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2937. When the contract of deposit specifies the place of return, the thing deposited is to be returned there and the depositor bears the expense of transportation. If the contract of deposit does not specify the place of return, the thing deposited is to be returned at the place where the deposit was made. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2938. The depositary is bound to return the thing deposited upon demand, even if the agreed term of the deposit has not expired, unless expressly provided otherwise in the contract of deposit.

A depositary may not return the thing deposited before the lapse of the agreed term unless unforeseen circumstances make it impossible for him to keep the thing safely and without prejudice to himself.

When no term is fixed, the depositary may return the thing deposited at any time. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2939. The depositary may retain the thing deposited until his claims arising from the contract of deposit are paid. He may not retain the thing until payment of a claim unrelated to the contract of deposit or by way of setoff. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2940. The depositor is bound to reimburse the depositary for the reasonable expenses he has incurred for the safekeeping of the thing deposited, to indemnify him for the losses the thing may have caused him, and to pay him the agreed remuneration. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

 

CHAPTER 2 - DEPOSIT WITH INNKEEPERS

Art. 2941. An innkeeper is bound to accept for deposit the personal belongings of guests unless he is unable to provide such a service because of the excessive value, size, weight, or nature of the things sought to be deposited. He may examine the things handed over for deposit and require that they be placed in a closed or sealed receptacle. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2942. An innkeeper is a compensated depositary as to things that guests deliver to him for safekeeping. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2943. An innkeeper who places a safe at the disposal of a guest in the guest's room is not a depositary of the things that the guest places in the safe. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2944. An innkeeper is not responsible for things of a guest that are stolen or damaged, unless the loss is attributed to the innkeeper's fault. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2945. The innkeeper's liability to guests, whether contractual or delictual, for stolen or damaged personal belongings that were not delivered to the innkeeper, is limited to five hundred dollars if he provides a safe deposit facility for such belongings and if he posts notice of the availability of a safe, unless the innkeeper has assumed greater liability by a separate written contract. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

 

CHAPTER 3 - CONVENTIONAL SEQUESTRATION

Art. 2946. Conventional sequestration takes place when two or more persons by agreement deliver to a depositary a thing, movable or immovable, the rights to which are disputed or uncertain. In that case, the depositary is bound to deliver the thing according to their agreement or according to a court order. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2947. Conventional sequestration is governed by the rules applicable to deposit, to the extent that their application is compatible with the nature of conventional sequestration. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2948. The depositary may terminate the conventional sequestration unilaterally only if he is unable to perform his obligations. He is bound to deliver the thing to the successor depositary agreed upon by the parties and, when the parties cannot agree, he must apply to the court for the appointment of another depositary. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

 

CHAPTER 4 - JUDICIAL SEQUESTRATION

Art. 2949. A judicial sequestration takes place according to a court order as provided in the Code of Civil Procedure. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2950. Judicial sequestration is governed by the rules applicable to deposit and conventional sequestration to the extent that their application is compatible with the nature of judicial sequestration. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Art. 2951. The judicial depositary is the public official charged with the duty to execute the orders of the court. He is subject to the obligations of a conventional depositary. He is bound to deliver the thing to the person designated by the court. He is entitled to a fee to be paid by the person ordered to pay that fee by the court. [Acts 2003, No. 491, §1, eff. Jan. 1, 2004]

Arts. 2952-2981. [Blank]