Explanation of Article 511
The article clarified the third obligation of the depositary, which is not to use the deposit or to establish any right for others on it; such as selling, renting, lending, or mortgaging it, and the like. This obligation is derived from his original obligation to preserve the deposit; one of the requirements of preserving the item is not to use it or establish a right for others on it. This obligation, as is evident, is a negative obligation to refrain from action.
An exception to this is if the depositor permits the depositary to use it, then he may use it, and the contract does not cease to be a deposit as long as the primary purpose of the contract is preservation and not use; for example, if a person deposits his car or watch with another and permits him to use it whenever he wishes. However, if the primary purpose of the contract is use, and preservation is secondary, it is not considered a deposit but rather a loan if it is something non-consumable or a loan if it is something consumable.
Related To
Article 511
A depositary may not use a deposited property or confer a third party right thereon without the depositor’s authorization.