Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

464 OBLIGATIONS
Section II
Obligations of the depositary
803 The depositary is bound to act as regards the custody of
the thing with the prudence and diligence of a reasonable
person.
804 A depositary may not use the thing without permission
from the depositor.
805 A depositary by gratuitous title is responsible for the loss
or deterioration of the thing which arises through his fault,
proof of which lies upon the depositor.
However, the court may reduce the damages according
to the circumstances.
806 A remunerated depositary is responsible for the loss or
deterioration of the thing unless he proves fortuitous event,
fault of the depositor or a defect in the thing.
807 An innkeeper is responsible for the loss or deterioration
of personal effects and baggage brought by those persons who
lodge with him, unless he proves fortuitous event, fault of the
depositor or a defect in the thing.
However, his responsibility is limited to five hundred
dollars for each person, provided a copy of this article is
posted in the room occupied by that person.
This article also applies to a person who operates a
hospital or a convalescent home.
This deposit may be proven by witnesses.
808 The depositary must return the thing he has received on
deposit.