1. The depositary, in keeping the thing deposited with him, must exercise the same care as with the things belonging to himself (Art. 1927).
2. This obligation becomes still more stringent in the following cases: (a), when the depositary offers himself to receive the thing in trust; (b), when he stipulates for a compensation for the keeping of the thing deposited; (c), when the trust is to the interest of the depositary; (d), when it has been expressly agreed upon that the depositary be answerable for all kinds of mistakes (Art. 1928).
3. The depositary cannot make use of the trust without the express or presumed consent of the deponent (Art 1929).—For example, if a library has been left in my trust, it may be presumed that the deponent would not object to my using it; but if the trust consists in valuable jewelry, it can be only by the express wish of the deponent that I could wear it. The difference is simple and easily understood.
4. The depositary should not seek to know what the things deposited with him are, if they have been left with him in a closed trunk or a sealed envelope (Art. 1931).
5. The depositary must return the identical thing he has received. Thus the trust consisting in specie, must be returned in the same specie.
The obligation to restore the thing deposited in kind, and such as it was when delivered, is evident, and constitutes the very essence of the trust.
However, we should take into account the following circumstances:
1. The depositary is not held responsible in cases of insuperable accidents (Art. 1929).
2. The depositary is only held to return the things deposited with him, in the state wherein they are at the moment of restitution. Deteriorations, through no fault of his, are at the expense of the deponent (Art. 1935).
Such are the obligations of the depositary; as to those of the deponent, they resolve themselves into the following rule: