Verwahrungspflicht

Verwahrungspflicht refers to a legal obligation to safeguard and care for something entrusted to one's custody. This duty is most commonly encountered in civil law contexts, particularly concerning property and assets. When an individual or entity holds something in Verwahrungspflicht, they are expected to exercise a reasonable degree of care to prevent its loss, damage, or unauthorized use.

This obligation can arise from various legal relationships. For instance, a bank has a Verwahrungspflicht for its customers' deposits. Similarly, a trustee has a duty to manage and protect the assets held in trust for beneficiaries. In some cases, the Verwahrungspflicht can also extend to documents, information, or even individuals, such as the duty of a guardian to care for a minor.

The specific standards of care required under Verwahrungspflicht can vary depending on the nature of the item being held and the circumstances of its entrustment. Generally, the custodian is expected to act with the diligence of a prudent person in managing their own affairs. Failure to fulfill the Verwahrungspflicht can result in legal liability for any resulting damages or losses. The scope and implications of this duty are central to many contractual and statutory provisions governing bailment, guardianship, and fiduciary relationships.