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. When the deposit, being above one hundred and fifty francs, is not proved by writing, the party impleaded as depositary is believed thereon upon his declaration, either upon the fact itself of the deposit, or touching the thing which formed the object thereof, or upon the fact of its restitution.
Voluntary deposit can only take place between persons capable of contracting.
If a deposit have been made by one person capable with another who is not so, the person who has made the deposit has only his action for recovery of the thing deposited, so long as it remains in the hands of the depositary, or an action for restitution up to the amount of what has been the profit of the latter. Of the Obligations of the Depositary. The depositary must employ on the custody of the thing deposited the same care which he employs in the preservation of his own property. The depositary is in no case bound for accidents proceeding from superior force, unless he has been guilty of delay in restoring the thing deposited. He cannot make use of the thing deposited without the permission express or implied of the depositor.