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…