Explanation of Article 513
The article refers to the second obligation of the depositor; the first paragraph clarifies that the depositor is obliged to compensate the depositary for the usual expenses required for the safekeeping of the deposit. This applies to items that require maintenance expenses, such as deposits of animals that need feeding, or goods that require storage in a rented warehouse or the employment of a guard, and so on. The depositary has the right to claim these expenses from the depositor, as there is an implicit permission from the depositor from the outset, because the nature of the deposit necessitates this. These expenses must be reasonable and not exaggerated.
The second paragraph explains a situation that may occur to the depositary during the safekeeping of the deposit; which is the absence of the depositor and the inability of the depositary to reach him, while the deposit requires unusual expenses. These expenses fall into two scenarios:
The first scenario: If the expenses are necessary, the depositor is obliged to compensate the depositary for them even if the depositor has not explicitly authorized them, because they prevent harm to the depositor, applying the principle of public interest. Custom and tradition dictate that the depositary covers necessary unusual expenses on the deposit. This is contrary to what is stipulated in Article (69) regarding the rule of payment by a third party, which states: "The payer cannot claim reimbursement from the debtor for what he has paid unless he has paid the debt at the debtor's request, or with his approval, or if he has the right to claim reimbursement by virtue of a statutory provision." In that article, the depositor is not obliged to compensate except in the mentioned cases, unlike this article which does not require reimbursement unless the expenses are necessary. Therefore, the depositary's claim for unusual expenses on the deposit, even without the depositor's permission, is considered an exception to the general rule stipulated in Article (69).
The second scenario: If these expenses are unusual, the depositary may refer the matter to the court to decide on the deposit, whether by authorizing him to spend on the deposit, sell it, or take other measures to protect the deposit from destruction or loss. This deviates from what is customary and traditional; the depositor is not obliged to compensate for them except after court authorization or implicit permission from the depositor.
Related To
Article 513
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The depositor shall reimburse the depositary for any necessary expenses he incurs for the safekeeping of the deposited property, unless agreed otherwise.
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If the depositor is absent, the depositary may refer the matter to the court to decide on the measures to be taken with regard to the deposited property.