DEPOSIT CHAPTER 1- DEPOSIT & ITS DIFFERENT KINDS #1962

Definition of Contract of Deposit Depositum (Roman Law) Governing Law Title XII, Book IV of the New Civil Code, subject to its transitional provisions (Artc. 2252-2269) Characteristics of the Contract 1. Real Contract Because it is perfected by the delivery of the subject matter (like commodatum & mutuum) 2. Unilateral When the deposit is gratuitous, because only the depositary has an obligation. 3. Bilateral Where the deposit is for compensation, becuase it gives rise to obligations on part of both the depositary & the depositor Safekeeping, Prinicpal Purpose of the Contract 1. Effect where safekeeping is only an accessory obligation Deposit is not constituted but some other contract like lease, commodatum, or agency (the principal end of the contract is representation of one by another and not the custody and preservation of the thing delivered pg.105) 2. Where the balance of commission account in agents possession at principals disposal appropriated by agent.. The same acquires at once the the cahracter of a deposit which the former must return to the latter at any time it is demanded. The agent undoubtedly commits the crime of estafa if he appropriates or diverts it to his own use. It could only become his as a loan, if so expressly agreed by its owner who would then be obligated not to demand it until the expiration of the legal or stipulated period 3. Dollars deposited with bank sold by bank which credited peso proceeds to depositors current account This arrangement is a contract of deposit. The bank violates its obligation if it sells the dollars and it cannot defeat the plaintiffs claim by asserting that the peso proceeds of the sale were properly credited to the latters current account. The depositary cannot make use of the thing deposited except only in the two instances mentioned in Art. 1977 Deposit Distinguished from Deposit The principal purpose is safekeeping or mere custody The depositor can demand the return of the subject matter at will Both movable and immovable property may be the object Mutuum Mutuum The consumption of the subject matter The lender must wait until the expiration of the period granted to the debtor Only money and any other fungible thing

#1963
Binding effect of Agreement to Deposit A deposit is a real contract and is, therefore perfected only upon delivery of the object of the contract. Where there has been no delivery, there is merely an agreement to deposit, which however is binding and enforceable on the parties. Hence, a contract of future deposit is consensual.

#1964
Creation of Deposit A deposit may be created by virtue of a court order or by law and not by the will of the parties. In a deposit, it is essential that the depositary is not the owner of the property deposited. Kinds of Deposit 1. Judicial One which takes place when an attachment or seizure of property in litigation is ordered 2. Extrajudicial a. Voluntary One wherein the delivery is made by the will of the depositor or by two or more persons each of whom believes himself entitled to the thing deposited b. Necessary One made in compliance with a legal obligation, or on the occassion of any calamity, or by travellers in hotels and inns, or by travellers with common carriers

#1965
Contract of Deposit Generally GratuitousExceptions 1. Where there is contrary stipulation Provided it is not contrary to laws, morals, good customs, public order or public policy 2. Where depositary engaged in business of storing goods Depositary is engaged in the business of storing goods (as in the case of a warehouseman) for compensation and not out of pure generosity 3. Where prop saved from destruction w/out knowledge of owner In involuntary deposit, where property is saved from destruction during a calamity by another person without the knowledge of the owner, the latter is bound to pay the former just compensation

#1966
Subject Matter of Deposit Only movable property maybe the object of estrajudicial deposit, whether voluntary or necessary. This proceeds from the object of a deposit which is safekeeping of a thing. The possibility that a thing may disappear or may be lost or stolen is not present in real property. Thus, the delivery of the keys of a house cannot be considered as a deposit of the same, and entrusting its care and custody is juridically an agency. Judicial deposit however, may cover movable as well as immovable property its purpose being to protect the rights of parties to a suit. Only Corporeal Things Contemplated This article does not embrace incorporeal or intangible property such as rights and actions, for it follows the person of the owner wherever he goes and is not, by reason of its incorporeality, susceptible of custody in the tangible sense that deposit is juridically understood. Deeds or documents in which those rights contained can be the object of deposit, but in such a case, they are only the materialized and representative expression of the rights.

Deposit Distinguished from Commodatum Deposit Commodatum The principal purpose is The transfer of the use safekeeping MAY be Gratuitous Essentially and ALWAYS gratuitous In extrajudicial deposit, Both movable and only movable things may immovable property may be the object be the object

#1967

Kinds of Extrajudicial Deposit

Deposit is generally voluntary. It becomes necessary in the cases mentioned in Arts. 1996 & 1998, i.e. when made in compliance with a legal obligation, on the occassion of any calamity or by travellers in hotels/inns. The deposit of goods made by travellers or passengers with common carriers may also be regarded as necessary.

incapacitated or to the depositor himself if he should acquire capacity. Under the law, persons who are capable cannot allege the incapacity of those with whom they contract.

#1971
Where Depositary Incapacitated & Depositor Capacitated The incapacitated depositary does not incur the obligation of a depositary. However, he is liable (1) to return the thing deposited while still in his possession and (2) to pay the depositor the amount by which he may have benefited himself with the thing or its price subject to the right of any third person who acquired the thing in good faith.

SECTION 2- Obligations of the Depositary CHAPTER 2- VOLUNTARY DEPOSIT SECTION 1- General Provisions #1968
Voluntary Deposit Defined It is one wherein the delivery is made by the will of the depositor. Ordinarily, there are only two persons involved. Sometimes however, the depositary may be a third person. Voluntary & Necessary Deposits Distinguished In a voluntary deposit, the depositor has complete freedom in choosing the depositary In a necessary deposit, there is lack of free choice in the depositor Depositor Need Not Be Owner of Thing Generally, the depositor must be the owner of the thing deposited But it may belong to a person other than the depositor. Thus a carrier commission agent, a lessee, etc may deposit goods temporarily in his possession considering that the contract does not involve the transfer of ownership. As a matter of fact, the depositary cannot dispute the title of the depositor to the thing deposited. The depositary is in estoppel. Where there are Several Depositors Two or more persons each claiming to be entitled to a thing may deposit the same with a third person. In such case, the third person assumes the obligation to deliver to the one to whom it belongs. The action to compel the depositors to settle their conflicting claims among themselves would be in the nature of an interpleader. Here, one of the depositors is not the owner.

#1972
Obligation to Keep the Thing Deposited & Return it The safekeeping and return of the thing when required, are the two primary obligations of the depositary 1. Degree of Care Ordinarily, the depositary must excercise over the thing deposited the same diligence as he would excercise over his property for two reasons: First: because it is an essential requisite of the juridical relation which involves the depositors confidence in his good faith and trustworthiness; and Second. Because of the presumption that the depositor, in choosing the depositary, took into account the diligence which the depositary is accustomed with respect to his own property. The depositary cannot excuse himself from liability in the event of loss by claiming that he excercise the same amount of care towards the thing deposited as he would toward his own if such care is less than that required by the circumstances. 2. Rules applicable The liability of the depositary for the care and delivery of the thing is governed by the rules on obligations. a. He is liable if the loss occurs through his fault or negligence, even if the thing was insured. b. The loss of the thing while in his possession ordinarily raises a presumption of fault on his part. c. The required degree of care is greater if the deposit is for compensation than when it is gratuitous. This is similar to the rule in agency and common carriers. But even when gratuitous, due care must still be excercised. 3. Return before Specified Term The thing deposited must be returned to the depositor whenever he claims it, even though a specified term or time for such may have been stipulated in the contract.

#1969

#1973
Obligation Not to Transfer Deposit Unless authorized by express stipulation, the depositary is not allowed to deposit the thing with a third person because a deposit is founded on trust and confidence and it can be supposed that the depositor, in choosing the depositary, has taken into consideration the latters qualification. 1. Liability for Loss of the depositor...IF HE... a. Transfers the deposit with a third person without authority although there is no negligence on his part and the third person. b. Deposits the thing with a third person who is manifestly careless or unfit although authorized, even in the absence of negligence c. The thing is lost through the negligence of his employees whether the latter are manifestly careless or not 2. Exemption from Liability

Form of Contract of Deposit This follows the general ruled that contracts shall be obligatory in whatever form they may have been entered into, provided all the essential requisites for their validity are present. Thus, except for the delivery of the thing, there are no formalities required for the existence of the contract

#1970

Where Depositary Capacitated & Depositor Incapacitated If the depositary is capacitated, he is subject to all the obligations of a depositary, WON the depositor is capacitated. In the latter case, the depositary must return the property to the legal representative of the

The depositor is not responsible in case the thing is lost without negligence of the third person with whom he was allowed to deposit the thing if such third person is not manifestly careless or unfit

#1974
Obligation Not to Change Way of Deposit The depositary may change the way or manner of the deposit if there are circumstances indicating that the depositor would consent to the change. However, the depositary should first notify the depositor and wait for the latters decision. This requirement may not be dispensed with unless delay would cause danger. It follows the general rule that the depositary must take godd care of the thing with the diligence of a good father of a family.

unless safekeeping is still the principal purpose of the contract. 2. Thing deposited, money or other consumable thing The permission to use it will result in its consumption and converts the contract into a simple loan or mutuum. But its safekeeping is still the principal purpose of the contract, it is still a deposit but an irregular onel hence it is called an irregular deposit. Bank deposits are in the nature of irregular deposits but they are really loans governed by the law on loans. Irregular Deposit Distinguished from Mutuum Irregular Deposit Mutuum The consumable thing The lender is bound by the deposited may be provisions of the contract demanded at will by the and cannot seek restitution irregular depositor for until the time for payment, whose benefit the deposit as provided in the contract, has been constituted has arisen The only benefit is that The essential cause for the which accrues to the transaction is the necessity depositor of the borrower. A loan with a stipulation to pay interest is for the benefit of both parties Depositor has preference Common creditors enjoy over other creditors with no preference in the respect to the thing distribution of the debtors deposited. property Permission to Use Not Presumed Except when such use is necessary for the preservation of the thing deposited, and the burden is on the depositary to prove that permission has been given.

#1975

Obligation to Collect Interest on Choses in Action Deposited If the thing deposited should earn interest, the depositary is under the obligation (1) to collect the interest as it becomes due and (2) to take steps as may be necessary to preserve its value and the rights corresponding to it. Thus, the depositary of a negotiable promissory note which has been dishonored by non-payment by the maker, must give notice of dishonor to indorsers for under the law, indorsers to whom such notice is not given are discharged from liability. The depositary is bound to collect not only the interest but also the capital itself when due. Contract for Rent of Safety Deposit Boxes This is not an ordinary contract of lease of things but a special kind of deposit; hence it is not to be strictly governed by the provisions on deposit. The relation between a bank renting out such boxes and its customer with respect to the contents of the box is that of bailor and bailee. (pg 119)

#1979
Liability for Loss Through Fortuitous Event Generally, the depositary is not liable for loss through a fortuitous event without his fault. This rule is similar to Article 1942 which mentions the instances when the bailee is liable for loss of the thing loaned even if it should be through a fortuitous event.

#1976

Obligation Not to Commingle Things Deposited if so Stipulated As a rule, the depositary is permitted to commingle grain or other articles of the same kind and quality. In such case, the various depositors of the mingled goods shall own the entire mass in common and each depositor shall be entitled to such portion of the entire mass deposited by him bears to the whole. The depositary cannot commingle goods, even if they are of the same kind and quality, if so stipulated.

#1980

#1977

Obligation Not to Make Use of Thing Deposited Unless Authorized Deposit is for safekeeping of the subject matter and not for its use. The unauthorized use by the depositary would make him liable for damages. But the depositary may make use of the thing deposited even without the express permission of the depositor where such use is necessary for its preservation but in such case the use is limited for that purpose. Thus, a depositary may use a radio received in deposit occassionally to prevent the accumulation of moisture.

Relation Between Bank and Depositor 1. Contracts of loan Deposits of money in banks, whether fixed, savings, and current, are really loans to a bank because the bank can use the same for its ordinary transactions and for the banking business in which it is engaged. Bank deposits are in the nature of irregular deposits; they are really loans because they earn interest. Hence such deposits are governed by the provisions on mutuum or simple loan, and the rules on the imposition of legal interest. While the banck has the obligation to return the amount deposited, it has, however, no obligation to return or deliver the same money that was deposited. 2. Relation of creditor and debtor Accordingly, the relation between a depositor and a bank is that of a creditor and debtor. A depositor (creditor) lends the bank (debtor) money and the bank agrees to pay the depositor on demand. The deposit agreement between the bank and the depositor determines the rights and obligations of the parties.

#1981-1982

#1978

Effect if Permission to Use is Given 1. If the thing deposited is non-consumable And the depositary has permission to use the thing, the contract loses the character of a deposit and acquires that of a commodatum despite the fact that the parties may have denominated it as a deposit,

Where Thing Deposited Delivered Closed and Sealed 1. Obligations of Depositary a. Return the thing deposited when delivered closed and sealed, in the same condition b. Pay for damages should the seal or lock be broken through his fault which is presumed unless proved otherwise

Keep the secret of the deposit when the seal or lock is broken, with or without his fault. 2. Reason for Rule Without this, irresponsable depositaries may violate their trusts with impunity. Under par.3, the courts may pass upon the credibility of the depositor with respect to the value of the thing deposited. So, the statement of the depositor is prima facie evidence only. This is necessary in view of the natural tendency to exaggerate values. 3. When depositary justified to open when there is... a. Presumed authority b. Necessity

c.

others but not anything which may be prejudicial to the latter and the depositary (debtor) may return the thing to any one of the solidary depositors (creditors) unless a demand, judicial or extrajudicial, for its return has been made by one of them in which case delivery should be made to him. 3. Return to one of depositors stipulated If by stipulation the thing should be returned to one of the depositors, the depositors, the depositary is bound to return it only to the person designated although he has not made any demand for its return.

#1986
Persons to Whom Return Must Be Made 1. The depositary is obliged to return the thing deposited, when required, to the depositor, to his heirs and successors, or to the person who may have been designated in the contract. 2. If the depositor was incapacitated at the time of making the deposit, the property must be returned to his guardian or administrator or the person who made the deposit or to the depositor himself should he acquire capacity. 3. Even if the depositor had capacity at the time of making the deposit but he subsequently loses his capacity during the deposit, the thing must be returned to his legal representative

#1983
Obligation to Return Products, Accessories and Accessions The depositor is the owner or at least represents the owner of the thing deposited. The depositary must therefore return not only the thing itself but also all its products, accessions and accessories which are a consequence of ownership. Thus the young of an animal which was deposited shall be returned to the depositor Obligation to Pay Interest on Sums Converted to Personal Use If what has been deposited is money, the depositary has no right to make use thereof and therefore, he is not liable to pay interest. If the depositary be in delay or has used the money without permission, he shall be liable for interest as indemnity. The depositary owes interest on the sums he has applied too his own use from the day on which he did so, and those which he still owes after the extinguishment of the deposit.

#1987
Place of Return The thing must be returned (1) at the place agreed upon by the parties and (2) in the absence of stipulation, at the place where the thing deposited might be even if it should not be the same place where the original deposit was made provided the transfer was accomplished without malice on the part of the depositary. In the first case, the expenses for the transportation shall be borne by the depositor. This is just because the deposit is constituted for the benefit of the depositor and not the depositary who assumes no more than the safekeeping and the return of the thing. The rule in this article is similar to the general rule regarding the place of payment (Art. 1251)

#1984

Depositor Need Not Proved His Ownership The depositary who receives the thing cannot require that the depositor prove his ownership over the thing. To constitute a deposit, it is not essential that the depositor be the owner of the thing deposited. Furthermore, to acquire proof of ownership may open the door to fraud and bad faith, for the depositary, on the pretense of requiring proof of ownership, may be able to retain the thing. Where Third Person Appears to Be Owner In such a case, the articke states the steps the depositary should take to be relieved of all responsibility with respect to the thing deposited. Pars 2 &4 are similar except that for the application of par 2, two conditions must exist: 1. The thing deposited must have been stolen 2. The depositary knows who its true owner is Effect of Failure of Owner to Claim Within One Month This period is merely for the protection of the depositary. If the thing is returned to the depositor after one month, the true owner of the thing may still be recover it through other legal processes. Read observation (pg 137)

#1988
Time of Returm As a rule, the depositor can demand the return of the thing deposited at will and this is true whether a period has been stipulated or not. In a deposit, whenever a period is agreed to, the same is for the benefit of the depositor, but it may be validly waived by him. But the period is generally upon the depositary. If the deposit is for a compensation, the depositary is entitled to the compensation corresponding to the entire period. In this case, the period is also for the benefit of the depositary The rule in commodatum is different (see Article 1946) When Depositary Not Obliged to Returm Thing Deposited The right to immediate restitution is subject to the two cases provided in par. 2 (pgs 141)

#1985

Right of Two or More Depositors 1. Thing deposited divisible and depositors not solidary If the thing deposited is divisible and there are two or more depositors who are not solidary, each one can demand only his share proportionate thereto. 2. Obligation solidary or thing deposited not divisible If the obligation is solidary (i.e. the depositary can return the thing deposited to any of the depositors), or if the thing is not divisible, the rules on active solidarity (solidarity among creditors) shall apply to the effect that each one of the solidary depositors (creditors) may do whatever may be useful to the

#1989
Right of Depositary To Return Thing Deposited 1. Deposit gratuitous The depositary may likewise return the thing deposited notwithstanding that a period has been fixed for the deposit if (a) the deposit is gratuitous and (b) justifiable reasons (e.g. necessity to go abroad) exist for its return. In case the depositor refuses to receive the thing, the depositary may deposit the thing at the disposal of judicial authority. 2. Deposit for a valuable consideration

If the deposit is for a valuable consideration, the depositary has no right to return the thing deposited before the expiration of the time designated even if he should suffer inconvenience as a consequence. He is bound by the period and restitution before its expiration constitutes a breach of his obligation.

#1990
Liability for Loss by Force Majeure ir Government Order The depositary has the obligation to return the thing deposited. But he is not liable for loss of the thing by force majeure or by government order. However, if in place of the thing he receives money or another thing, he has the duty to deliver to the depositor what he has received otheriwse, he would enrich himself at the expense of the depositor

Effect of Death of Depositor or Depositary 1. Deposit gratuitous The death of either the depositor or depositary extinguishes the deposit, meaning the depositary is not obliged to continue with the contract of deposit 2. Deposit for compensation Is not extinguished by the death of either party because an onerous deposit is not personal in nature and thus transmissible to their respective heirs. But heirs also have the right to terminate the deposit even before the expiration of the term

CHAPTER 3- NECESSARY DEPOSIT #1996- 1997

When Deposit is Necessary A voluntary deposit is made by the free will of the depositor. In a necessary deposit, this freedom of choice is absent. The third kind of necessary deposit is that made by travellers in hotels or inns. The fourth kind is that made by passengers with common carriers. Examples of Necessary Deposit in Compliance with a Legal Obligation 1. The judicial deposit of a thing the possession of which is being disputed in a litigation by two or more persons. 2. The deposit with a bank or public institution of public bonds or instruments of credit payable to order or bearer given in usufruct when the usufructuary does not give proper security for their conversation. 3. The deposit of a thing pledged when the creditor uses the same without the authority of he owner or misuses it in any way. 4. Those required in suits as provided in the Rules of Court. 5. Those constituted to guarantee contracts with the government. The deposit arises from an obli of public or admin character. Necessary Deposit Made on the Occassion of Any Calamity 1. Deposit created by accident or fortuitous event The possession of movable property passes from on person to another by accident or fortuitously through force of circumstances and which the law imposes on the recepient the obligations of a bailee. Here the more immediate object is to save the property rather than its safekeeping. Such quasi-bailment is ordinarily distinguished by the name involuntary bailment or involuntary deposit. There must be a causal relation between the calamity and the constitution of the deposit. It is also called deposito miserable

#1991

Alienation in Good Faith By Depositarys Heir The obligation of the heir is limited to the return of the price received or to assign the right to collect the same if it has not been paid and not the real value of the thing. The rule is based on considerations of equity. If the purchaser who acquired the thing acted in bad faith, the depositor may bring an action against him for its recovery. If the heir acts in bad faith, he is liable for damages. The sale or appropriation of the thing deposited constitutes estafe.

SECTION 3- Obligations of the Depositor #1992

Obligation to Pay Expenses of Preservation This aricle applies only if the deposit is gratuitous. The depositor would have incurred them just the same had the thing remained with him. Without the duty of reimbursement imposed by the article, the depositor would be enriching himself at the expense of the depositary. The rule is different in commodatum. As the law makes no distinction, the right to reimbursemnt covers all necessary expenses for preservation, whether ordinary or extraordinary. Useful expenses or those for pure luxury or mere pleasure are not covered. If the deposit is for a valuable consideration, the expenses for preservation are borne by the depositary because they are deemed included in the compensation. There can however, be a contrary stipulation.

#1993

Obligation to Pay Losses Incurred Due to Character of Thing Deposited As a rule, the depositary must be reimbursed for loss suffered by him because of the character of the thing deposited. Under the four exceptions enumerated, the depositor is freed from responsibility.

#1998- 1999
Deposits by Travellers in Hotels and Inns Before keeps of hotels or inns may be held responsible as depositaries with regard to the effects of their guests, the ff elements must concur: 1. They must have been previously informed about the effects brought by the guests 2. The latter have taken the precautions prescribed regarding their safekeeping Extent of Liability of Keepers of Hotels and Inns The liability is not limited to effects lost or damaged in the hotel rooms which come under the term baggage or clothing but include the lost or damaged in hotel annexes such as vehicles in the hotels garage. The responsibility extends to all those who offer lodging for a compensation, whatever may be their character. Terms Explained Pg. 149

#1994

Depositarys Right of Retention The article gives an example of a pledge created by the operation of law. The thing retained serves as security for the payment of what may be due to the depositary by reason of the deposit. The right granted in this article is similar to that granted to the agent. The rule is different in commodatum.

#1995
Other Causes of Extinguishment of Deposit 1. Return of the thing 4. Expiration of the term 2. Novation 5. Fulfillment of the resolutory condition 3. Merger

#2000, 2001, 2002

When Hotel-Keeper Liable Regardless of Amount of Care Excercised 1. The loss or injury is caused by his servants or employees as well as strangers, provided that notice has been given and proper precautions taken. 2. The loss is caused by the act of a thief or robber done without the use of arms and irressistible force for in this case, the hotel-keeper is apparently negligent. When Hotel-Keeper Not Liable 1. The loss or injury is caused by force majeure, like flood, fire, theft or robbery by a stranger (not by hotel-keepers servant or employee) with the use of arms or irresistible force, unless he is found to be guilty of fault or negligence in failing to provide against the loss or injury from his cause. 2. The loss is due to the acts of the guests, his family, servants or visitors 3. The loss arises from the character of the things brought into the hotel.

Origin Purpose

Judicial By the will of the court As security and to secure the right of a party to recover in case of a favorable jdugement Either movable or immovable property Always remunderated (onerous) In behalf of the person who, by the judgement has a right

Extrajudicial By the will of the parties, hence there is a contract Custody and Safekeeping of the thing Only movable property Maybe compensated or not, but generally gratuitous In behalf of the depositor or third person designated

Subject Matter Remunerat ion In whose half it is held

#2009
Applicable Law The law on judicial deposit is remedial or procedural in nature. Hence the Rules of Court are applicable. The relevant provisions of the Rules of Court are Rule 57 (Preliminary Attachment), Rule 59 (Receivership) and Rule 60 (Replivin). The Rules of Court also provide for attachment in criminal cases

#2003
Exemption or Diminution of Liability Such stipulation is deemed contrary to law, morals and public policy. They practically volunteer as depositaries. As such, they have an extraordinary degree of responsibility for the protection of travellers who have no alternative but to rely on the good faith of those with whom they take lodging It is not necessary to hold an inn-keeper liable that the effects of the guests be actually delivered to him or his employees, it is enough that they are in the inn.

#2004
Hotel Keepers Right to Retain This is in the nature of a pledge creted by operation of law. It is given to hotel-keepers to compensate them for the liabilities imposed on them by law. The bailee in commodatum may likewise retain the thing loaned for damages by reason of defects thereof. The act of obtaining foof or accomodation in a hotel or inn without paying therefor constitutes estafa

CHAPTER 4- SEQUESTRATION OR JUDICIAL DEPOSIT #2005, 2006, 2007, 2008

When Judicial Deposit Takes Place A deposit may be consituted judicially or extrajudicially. Judicial deposit takes place when an attachment or seizure of property in litigation is ordered by a court. Like when properties are attached by the sheriff upon the filing of a complaint or a receiver (a disinterested party) may be appointed by the court to administer and preserve the property in litigation, or personal property may be seized by the sheriff in suits of replevin or manual delivery of personal property. Nature & Purpose of Judicial Deposit The deposit is judicial because it is auxillary to a case pending in court. The purpose is to maintain the status quo during the pendency of the litigation or to insure the rights of the parties to the property in case of a favorable judgement. Obligation of Depositary of Sequestrated Property The depositary of sequestrated property is the person appointed by the court who has the obligation to take care of the property with the diligence of a good father of a family. He may not be relieved of his responsibility until the litigation is ended or the court so orders. Judicial and Extrajudicial Deposits Distinguished.