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NECESSARY DEPOSITSDeposit made by travelers in hotels or inns

(Art. 1998 2004)

Ar t. 1998 - 1999

Before keepers of hotels or inns may be held responsible as depositaries with regard to theeffects of their guests, the following must concur:

Elements:a. They have been previously informed about the effects brought by the guests; andb. The latter have taken the precautions prescribed regarding their safekeeping.

Extent of liability:a. Liability in hotel rooms which come under the term baggage or articles such asclothing as are ordinarily used by travelersb. Include those lost or damages in hotel annexes such as vehicles in the hotels garage.

Art 2000 2002

1. Hotelkeeper is liable regardless of the amount in the followingcases:

a) The loss or injury is caused by his servants or employees as well as by strangers provided that noticehas been given and proper precautions taken. (Article 1998); and

b) The loss is cause by the act of a thief or robber done without the use of arms and irresistible force(Article 2001) for in this cause, the hotelkeeper is apparently negligent.

2. Hotelkeeper is not liable in the following cases:

a) The loss or injury is caused by force majeure like flood, fire (Article 2000), theft or robbery by astranger (not by hotelkeepers servant or employee) with the use of arms or irresistible force (Article2001), etc., unless he is guilty of fault or negligence in failing to provide against the loss or injury fromsaid cause (see Article 1170, 1174);

b) The loss is due to the acts of the guests, his family, servants, visitors. (Article 2002).

c) The loss arises from the character of the things brought into the hotel (Article 2002).

Art 2003

Exemption or diminution of liability:

The hotel-keeper cannot free himself from responsibility by posting notices to the effect that he is notliable for the articles brought by the guest. (Art. 2003)

Effect: Any stipulation between the hotel-keeper and the guest wherebythe responsibility of the former (as set forth in Art. 1998-2001) is suppressed or diminished shall be VOID.

Art 2004Hotel-keepers right to retain

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The hotel-keeper has a right to retain the things brought into the hotel by the guest, as a security forcredits on account of:a. lodging;b. supplies usually furnished to hotel guests.

Reason: It is given to hotel-keepers to compensate them for the liabilities imposed upon them by law.The right of retention recognized in this article is in the nature of a pledge created by operation of law.

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SEQUESTRATION or JUDICIAL DEPOSIT(Art. 2005 -2007)

When judicial deposit takes place

Judicial deposit takes place when an attachment or seizure of property in litigation is ordered bya court. (Art. 2005)

Nature: Auxiliary to a case pending in court.

Purpose: To maintain the status quo during the pendency of the litigation or to insure the right ofthe parties to the property in case of a favorable judgment.

Depositary of sequestered property: person appointed by the court. (Art. 2007)

Obligations:

a. To take care of the property with the diligence of a good father of the family. (Art. 2008)

b. He may not be relieved of his responsibility until the litigation is ended or the court so orders.(Art. 2007)

Judicial and Extrajudicial Deposit distinguished

Judicial Extra-Judicial

As to cause or origin By will of court By will of the parties

As to Purpose As security and to secure theright of a party to recover in caseof a favorable judgement

Custody and safekeeping of athing

As to Subject Matter Either immovable or movable,but generally immovable property

Only movable property

As to Remuneration Always remunerated (onerous) May be compensated or not butgenerally gratuitous

In whose behalf it is held In behalf of the person who, bythe judgement has a right

In behalf of the depositor or thirdperson designated