Of Deposit properly so called. Deposit properly so called is a contract essentially gratuitous. It can only have for its object things moveable. It is only perfected by the real or supposed delivery of the thing deposited. Supposed delivery is sufficient when the depositary finds himself already possessed, by some other title, which the party consents to leave with him under the title of deposit.
Deposit is voluntary or necessary.
Of voluntary Deposit. Voluntary deposit is formed by the mutual consent of the person who makes the deposit, and of him who receives it. Voluntary deposit cannot regularly be made except by the proprietor of the thing deposited, or with his consent express or implied. Voluntary deposit must be proved by writing. Testimonial proof is not receivable for value exceeding one hundred and fifty francs.