Legal Definitions - depositum

Depositum is a term from ancient Roman law that describes a specific type of arrangement for safekeeping personal property.

It refers to the act of entrusting one's goods to another person for storage, entirely free of charge, with the primary purpose of benefiting the owner of the goods. The person receiving and holding the property (known as the "depositee") provides this service as a favor, without compensation. Under this legal concept, the depositee's liability for any loss or damage to the property was very limited; they were typically only held responsible if they intentionally caused harm to the goods or acted with extreme carelessness or bad faith.

• Example 1: Temporary Storage During Travel

  Imagine a person named Alex planning a month-long backpacking trip through remote areas. Alex owns a valuable antique watch that they don't want to risk losing or damaging during their travels. Alex asks their friend, Ben, if Ben would mind keeping the watch in his secure home safe for the duration of the trip, free of charge. Ben agrees to this favor.

  This scenario illustrates a depositum because Alex (the depositor) entrusts their watch to Ben (the depositee) without paying for the service. The arrangement is solely for Alex's benefit, ensuring the watch's safety. If the watch were to be lost or damaged while with Ben, Ben would only be legally responsible if he intentionally stole it, deliberately damaged it, or was grossly negligent, such as leaving his safe wide open and unattended in a public space, leading to its theft.

• Example 2: Safekeeping During Home Renovation

  Sarah is undertaking a major kitchen renovation that requires all her appliances to be moved out of the house for several weeks. She asks her neighbor, Maria, if she could temporarily store Sarah's expensive stand mixer and food processor in Maria's garage, as Maria has ample space. Maria agrees to help out, expecting no payment for the storage.

  This is an example of a depositum. Sarah benefits from Maria's gratuitous act of storing her appliances, protecting them from potential damage during the renovation. Maria, as the depositee, is not compensated for this service. Her liability would be limited; she would only be responsible if she intentionally damaged the appliances or acted with extreme recklessness, such as deliberately leaving them exposed to severe weather or allowing them to be stolen through gross negligence.

• Example 3: Emergency Protection of Valuables

  A community is under an evacuation order due to an approaching wildfire. John needs to leave his home quickly but wants to ensure his family's irreplaceable photo albums and important documents are safe. He asks his colleague, Lisa, who lives in a non-evacuated area, if she could hold onto these items for him until it's safe to return, without any charge. Lisa agrees to keep them in her fireproof safe.

  This situation exemplifies a depositum. John (the depositor) benefits from Lisa's (the depositee's) free service of protecting his valuable and sensitive items during an emergency. Lisa is not paid for this act of kindness. Her responsibility for the items would be restricted to cases of intentional harm or extreme carelessness, such as deliberately destroying the documents or leaving them in an easily accessible, unsecured location where they are subsequently lost or stolen due to her profound neglect.