Case

Otto sold his house and all his furniture except for a valuable antique table and chairs. Charles promised to store them for three months without charge while Otto found a new house to buy. Is the promise binding? Does it matter (a) if Charles refused to store the table and chairs before they are delivered or a month afterwards? (b) if Charles was a friend of Otto, or the antiques dealer from whom he recently purchased the table and chairs, or a professional storer of furniture? (c) if Charles refused to store them merely because he had changed his mind or because he had unexpectedly inherited furniture which he had no place else to store? (d) if Otto could instead have stored his furniture with Jean, who had also offered to store it without charge, and has now withdrawn that offer? or (e) if Otto had previously contracted with a warehouse to store his furniture, had cancelled the contract because of Charles' offer, and now can only store his furniture at a higher price?

Discussions

FRANCE

The agreement between Otto and Charles would constitute a deposit (contrat de dépôt) under French law. A deposit is governed by arts. 1915 and following of the French Civil Code. The three main obligations of the depositee are to receive the object, to look after it, and to restore it to its rightful owner. Under French law, a deposit is regarded as an in rem unilateral contract, that is to say, as a contract which exists only when the thing is delivered by one party to the other (art. 1919 of the Civil Code).