Explanation of Article 510
The article clarified the second obligation of the depositary, which is the obligation not to substitute another in the deposit; he is not allowed to deposit the item with another person, whether the deposit is for a fee or without a fee. This obligation, as is apparent, is a negative obligation to refrain from an act; the reason for this obligation is that the deposit contract is based on personal consideration, as is the case with other contracts based on personal consideration, such as agency and lending contracts.
The article exempts two cases in which the depositary is allowed to deposit the item with another:
The first case: if the depositor permits it; with explicit or implicit permission, as the article does not restrict the permission to being explicit.
The second case: if the depositary is compelled to do so; such as being surprised by a situation where he cannot return the deposit nor seek the depositor's permission to deposit it with another; like a sudden trip or being confronted by someone, and the like; in this case, he must retrieve it as soon as the reason ceases; in application of the general rule: "necessity is measured by its extent."
Related To
Article 510
A depositary may, only in exigent circumstances, deposit the deposited property with a third party without the depositor’s authorization, and shall recover said property once the exigent circumstances cease to exist.