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Article 1978

RA 386 · Civil Code of the PhilippinesKey provision

ELI5— what this means for you

When the depositary has permission to use the thing deposited, the contract loses the concept of a deposit and becomes a loan or commodatum, except where safekeeping is still the principal purpose of the contract.

Official text — RA 386

When the depositary has permission to use the thing deposited, the contract loses the concept of a deposit and becomes a loan or commodatum, except where safekeeping is still the principal purpose of the contract.

The permission shall not be presumed, and its existence must be proved. (1768a)

Source: lawphil.net (RA 386 as amended)

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