Bewaarneming
Deposit
Deposit is an agreement whereby the depositary undertakes to take a movable thing of the depositor into custody and to return it at a later time.
Deposit is a special contract governed by Book 7 of the Civil Code. The depositary is obliged to keep the item with due care and return it in the same condition, without acquiring ownership.
The provisions are relevant because they clearly establish the rights and obligations of both parties, including liability for loss or damage. In the absence of a deposit agreement, the general rules on loan for use or lease do not apply.
In practice, deposit occurs at cloakrooms, car parks and storage companies, where a deposit receipt is often issued as evidence of the contract.
“The customer deposited his coat for safekeeping at the theater cloakroom and received a numbered ticket.”
Related terms
Need legal advice?
Schedule a free consultation with one of our specialists