depositum

Depositum is a legal concept from Latin, meaning a thing laid away or entrusted for safekeeping. In civil law, it designates a contract by which one person (the depositor) entrusts a movable or, in some systems, immovable thing to another person (the depositary) to keep it and return the same thing when demanded or when the contract ends.

The depositor remains the owner of the item, while the depositary acquires temporary possession. The depositary is obligated to take care of the entrusted property and must not use or profit from it without the depositor’s consent. The contract typically requires the depositary to return the exact thing or, if that is impossible, its equivalent value or an equivalent item of the same quality.

Obligations and liabilities: the depositary must preserve the item with due care and handle any necessary expenses or risks in relation to its safekeeping. He is generally liable for loss, damage, or deterioration caused by fault, negligence, or breach of the contract; liability may be limited in some jurisdictions for risks beyond the depositary’s control. The depositor must deliver the item as agreed and may demand return at any time or at the end of the term.

Differences from related contracts: depositum is distinct from a loan for use (commodatum), which entitles the borrower to use the thing, and from a simple loan of money (mutuum). Deposit is expressly for safekeeping rather than use.

Modern relevance: depositum remains a foundational concept in civil law countries for safekeeping arrangements, including bank or notarial safekeeping, safe deposit boxes, and other custodian relationships.