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La responsabilité civile contractuelle du dépositaire salarié

Abstract : According to the 1915 article from the civil code, a depositary is someone who is chiefly entitled to have charge and to make restitution of a property, entrusted by his contractor. But, this double obligation meant by thee legislator, is open to criticism, because it is practically impossible to separate one of these two obligations from the other. The depositary keeps the property he receives so that he can give it back and the restitution supposes a non-failing watchfulness. In fact, the above-mentioned debtor is bound to a general obligation of carefulness and diligence. Consequently, the depositor who wants to involve his contractual responsibility must give evidence of his contractor's fault. When the evidence is given, the salaried depositary (whose fault is more severely apprehended than a non-salaried depositary's) can render himself liable two kinds of sanctions. - Pecuniary sanctions; he’ll have to pay for damages. - Reparation in kind; that's to say either he’ll be compelled to make restitution of the property he revived or (if ever he has lost the property he received, if it is an interchangeable property) he’ll have to make restitution of a property of the same.
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Submitted on : Tuesday, April 24, 2018 - 4:09:49 PM
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  • HAL Id : tel-01777038, version 1



Jules Roger Nlend. La responsabilité civile contractuelle du dépositaire salarié. Droit. Université Nancy 2, 1994. Français. ⟨NNT : 1994NAN20014⟩. ⟨tel-01777038⟩



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