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Article 508

Article 508

If a deposit is gratuitous, the deposit contract shall be deemed concluded only upon receipt of the deposited property.

Explanation of Article 508

The article clarified the condition for the conclusion of a deposit contract if it is without compensation, which is the receipt of the deposit;

Accordingly, the deposit contract is of two types:

The first type: The deposit contract is with compensation; in this case, the contract is consensual; it is sufficient for its conclusion to exchange offer and acceptance explicitly or implicitly; without the conclusion of the contract being dependent on receipt.

The second type: The deposit contract is without compensation; in this case, the contract is real, not consensual; it is not sufficient for its conclusion to exchange offer and acceptance, but in addition, the deposit must be received by the depositary; there is no effect of the deposit before receipt; the depositary may refuse to accept the deposit before receipt; and he will have no obligation towards the depositor; and once the depositary receives the deposit, the contract is concluded and its effects are established, and the ruling of this article is an exception by statutory text.