EL DEPÓSITO SE CONSTITUYE NO POR EL SOLO ACUERDO DE VOLUNTADES DE LAS PARTES DE ENCOMENDAR Y ACEPTAR LA GUARDA SINO POR LA ENTREGA DE LA COSA A GUARDAR.

Abstract

A contract of bailment is a contract under which two parties, termed the bailor and the bailee, agree that the bailee undertakes to hold some personal property for the bailor and return it to the bailor at the bailor's request. And the fact is that this agreement alone will suffice if the contract is made in writing; and if the agreement is nongratuitous, the agreement is made when the bailor undertakes to pay something for the service. Otherwise, the contract must be accompanied by the delivery and receipt of the thing by the parties, for without delivery and receipt the contract is not good, i.e., it is not real.