1896de Book2 Chapter07 Title12

GERMAN CIVIL CODE OF 1896

• Based on the English Translation by: Wang, Chung Hui (1907). The German Civil Code, translated and annotated with historical introduction and appendices. London: Stevens and Sons. [available on Archive.org]

BOOK II. Law of Obligations.

Chapter VII. Particular Kinds of Obligations.

Title XII. Deposit.

Section 688.

• By a contract of deposit the depositary is bound to keep in his custody a moveable delivered to him by the depositor.

Section 689.

• Remuneration for the custody is deemed to have been tacitly agreed upon if under the circumstances the undertaking of the custody is to be expected only for remuneration.

Section 690.

• If the custody is undertaken gratuitously, the depositary shall be responsible only for such care as he is accustomed to exercise in his own affairs.

Section 691.

• The depositary is, in case of doubt, not entitled to deposit the deposited thing with a third party. If deposit with a third party is permitted, the depositary is responsible only for his fault in making such deposit. For the fault of an assistant he is responsible as provided for in 278.

Section 692.

• A depositary is entitled to change the manner of custody agreed upon if, under the circumstances, he may assume that the depositor would approve of the change if he had knowledge of the state of affairs. Before making any such change the depositary shall give notice to the depositor and await his decision, unless there is danger in delay.

Section 693.

• If a depositary, for the custody of the deposited thing, incurs any outlay which, under the circumstances, he may regard as necessary, the depositor is bound to reimburse him.

Section 694.

• The depositor shall compensate the depositary for any damage caused by the character of the thing deposited, unless at the time of the deposit he neither knew nor ought to have known of the dangerous character of the thing, or unless he gave notice of it to the depositary, or the latter knew it without notice.

Section 695.

• The depositor may at any time demand the return of the thing deposited, even if a time is fixed for the custody.

Section 696.

• The depositary may, if a time for the custody is not fixed, require that the thing deposited be taken back at any time. If a time is fixed, he may require that it be taken back before the time only if a grave reason exists.

Section 697.

• The return of the thing deposited shall be made at the place where the thing was to be kept; the depositary is not bound to bring the thing to the depositor.

Section 698.

• If the depositary spends any deposited money for his own benefit he is bound to pay interest upon it from the time of the spending.

Section 699.

• [I] The depositor shall, at the time of the termination of the custody, pay the remuneration agreed upon. If the remuneration is measured by periods of time it is payable at the end of each of the periods.
• [II] If the custody ends before the expiration of the time fixed for it, the depositary may demand a part of the remuneration proportional to his services rendered, unless a contrary intention appears from the agreement as to remuneration.

Section 700.

• [I] If fungible things are deposited in such manner that the ownership is to pass to the depositary, and he is to be bound to return things of the same kind, quality and quantity, the provisions relating to loan for consumption apply. If the depositor permits the depositary to consume deposited fungible things, the provisions relating to loan for consumption apply as from the time at which the depositary appropriates the things. In both cases, however, the time and place of return is determined, in case of doubt, according to the provisions relating to the contract of deposit.
• [II] In the case of deposit of negotiable instruments, an agreement of the kind specified in par. 1 is valid only if it be made in express terms.