What is a deposit?

Several times you have found yourself faced with the need to make a deposit contract to store a good somewhere enabled for it, either leave your car in a public parking or a bag at the gym locker. In these situations, you may have wonder how your things are protected. We explain you what a deposit is and the steps to make your own contract.

Deposit contract

A contract of deposit is one that has as purpose the custody of a movable good, ie, one person gives to another one thing, so that it is kept for the period of time that they agree.

The essential and principal obligation of the deposit consists in preserving the thing in the same state in which it was left, not having to be confused with the other types of contracts as, for example, the one which is carried out in the contract of sale.

In addition to the principal obligation to guard the good there are other obligations. The person who keeps it, called depositary, has the commitment to return it when the contract ends. In return, the owner of the good or depositor, is obliged to make the agreed payment (for hours, days, etc.) if the deposit has a cost. It can also be done for free if they want to.

Why is a deposit contract made?

This contract is made for cases where you leave the custody of a movable property to another subject. Some examples of deposit contracts are:

  • The one you do when you park your car in the parking lot.
  • When on a trip you leave an object in the ticket office of the hotel establishments.

How do I make a deposit contract?

A deposit contract can be made following the model we provide at the end of this manual. Since it is a very simple type of contract, it can be written and signed between anyone.

To do this, the most important thing to keep in mind to avoid confusion in the future is the following:

  • To correctly identify what goods that are deposited.
  • Identify the person who is going to guard the goods.
  • The possible remuneration.
  • The duration of the deposit.
  •  The exact place where it will be carried out.

Do not hesitate to contact our experts so that all relevant aspects of the deposit contract are covered.