ART. 1986.

If the depositor should lose his capacity to contract after having made the deposit, the
thing cannot be returned except to the persons who may have the administration of his property and
rights. (1773)

Person to whom return must be made.

(1) The depositary is obliged to return the thing deposited, when required, to the depositor, to his
heirs and successors, or to the person who may have been designated in the contract. (Art. 1972.)
(2) If the depositor was incapacitated at the time of making the deposit, the property must be
returned to his guardian or administrator or the person who made the deposit or to the depositor
himself should he acquire capacity. (Art. 1970.)

(3) Even if the depositor had capacity at the time of making the deposit but he subsequently loses
his capacity during the deposit, the thing must be returned to his legal representative. (Art. 1986.)

ART. 1987. If at the time the deposit was made a place was designated for the return of the thing, the
depositary must take the thing deposited to such place; but the expenses for transportation shall be
borne by the depositor.

If no place has been designated for the return, it shall be made where the thing deposited may be,
even if it should not be the same place where the deposit was made, provided that there was no
malice on the part of the depositary. (1774)

Place of return
1. at the place agreed upon by the parties
2. in the absence of stipulation, at the place where the thing deposited might be even if it should not
be the same place where the original deposit was made, provided that the transfer was
accomplished without malice on the part of the depositary

ART. 1988. The thing deposited must be returned to the depositor upon demand, even though a
specified period or time for such return may have been fixed. This provision shall not apply when the
thing is judicially attached while in the depositary’s possession, or should he have been notified of the
opposition of a third person to the return or the removal of the thing deposited. In these cases, the
depositary must immediately inform the depositor of the attachment or opposition. (1775)

Time of return
As a rule, the depositor can demand the return of the thing deposited at will, whether the period has been
stipulated or not.

In a deposit for compensation, the depositary is entitled to the compensation corresponding to the entire
period, but he may validly waive it.

If the deposit is for compensation, the depositary is entitled to the compensation corresponding to the entire
period.

ART. 1989. Unless the deposit is for a valuable consideration, the depositary who may have justifi
able reasons for not keeping the thing deposited may, even before the time designated, return it to the
depositor; and if the latter should refuse to receive it, the depositary may secure its consignation
from the court. (1776a)

Right of depositary to return thing deposited

(1) Deposit gratuitous. — The depositary may likewise return the thing deposited notwithstanding
that a period has been fixed for the deposit if:
(a) the deposit is gratuitous
(b) Justifiable reasons exist for its return.
 In case the depositor refuses to receive the thing, the depositary may deposit the thing at
the disposal of judicial authority.

(2) Deposit for a valuable consideration.

If the deposit is for a valuable consideration, the depositary has no right to return the thing
deposited before the expiration of the time designated even if he should suffer inconvenience as a
consequence. He is bound by the period and restitution before its expiration constitutes a breach
of his obligation.