Semi Finals Quiz - Deposit

The following are the definition of a deposit except

• It is a real contract like commodatum and mutuum because it is perfected by the delivery of the subject matter.

• When the deposit is gratuitous, it is a unilateral contract because only the depositary (depositorio) has an obligation.

• When the deposit is for compensation, the juridical relation created becomes bilateral because it gives rise to obligations on the part of both the depositary and depositor.

• Should there be a need for safekeeping, the deposit can never be gratuitous as it requires necessary expenses to preserve the object.

What is the principal purpose of the contract of deposit?

• The safekeeping of the thing delivered

• The consumption of the subject matter

• The lender must wait until the expiration of the term prior to the return of the subject matter

• The object may only be money and any other fungible thing

What is the distinction of deposit from mutuum as to its principal purpose?

• The depositor can demand the return of the subject matter at will

• The safekeeping of the thing delivered

• The object may be movable and immovable property

• The lender must wait until the expiration of the term prior to the return of the subject matter

Deposit is essentially and always gratuitous.

• True; if there is a compensation, then it is considered as lease.

• True; if there is a compensation, then it is onerous.

• False; deposit may be gratuitous but not an absolute rule.

• False; mutuum is essentially and always gratuitous.

The following statements, but one, are correct as to the binding effect of the deposit.

• A deposit is a real contract, and is, therefore perfected only upon the delivery of the object of the contract.

• Where there has been no delivery, there is merely an agreement to deposit which is binding and unenforceable upon the parties.

• A contract of future deposit is consensual.

• A deposit may be created by virtue of a court order or by law and not by the will of parties.

The following statements, but one, are correct with regard to the creation of a deposit:

• A deposit may be created by virtue of a court order or by law and not by the will of parties.

• It is essential that the depositary is not the owner of the property deposited.

• A contract of future deposit is consensual.

• A deposit may be constituted judicially or extrajudicially.

A deposit is

• Judicial

• Extrajudicial

• Either of the choices

• All of the choices

A contract of deposit is generally gratuitous except

• Where there is contrary stipulation

• Where depositary engaged in business of storing goods

• Where property saved from destruction without knowledge

• Where there should be a compliance with a legal obligation

Only corporeal or tangible movable or personal property may be the object of extrajudicial deposit whether voluntary or necessary.

• The object of a deposit is the safekeeping of the thing.

• The possibility that the thing may disappear or may be lost or stolen is not present in real property.

• Judicial deposit, however, may cover movable as well as immovable property, its purpose being to protect the things of parties to a suit.

• All of the statements are correct.

Generally, a deposit is voluntary. It becomes necessary when made in the following cases. Choose the incorrect statement.

• In compliance with a legal obligation

• On the occasion of any calamity

• By travelers in hotels and inns

• By virtue of a judicial order