Brill’s New Pauly

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(460 words)

[German version]

The Roman safekeeping agreement materialized as a real contract when the depositor entrusted an object to the custodian (bailee) for cost-free safekeeping. Paid safekeeping comes under  locatio conductio .

The bailee became neither the owner nor possessor of the object but merely its detentor (  posessio ): he was not permitted to use the object, use of the object qualified as  furtum . At the depositor's request the custodian was expected to return the object intact.

In cases of intentional unauthorized appropriation, even the XII Tables provided for a p…

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Meissel, Franz-Stefan (Vienna), “Depositum”, in: Brill’s New Pauly, Antiquity volumes edited by: Hubert Cancik and , Helmuth Schneider, English Edition by: Christine F. Salazar, Classical Tradition volumes edited by: Manfred Landfester, English Edition by: Francis G. Gentry. Consulted online on 28 June 2022 <>
First published online: 2006
First print edition: 9789004122598, 20110510

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