a. Definition and Kinds

Kinds of Domicile

• Domicile of Origin: received by a person at birth
• Domicile of choice: the place freely chosen by a person sui juris

Kinds of Deposit

• Judicial - when an attachment or seizure of property in litigation is ordered
• Extrajudicial (Art. 1967)
• Voluntary - delivery is made by the will of the depositor or by two or more persons each of whom believes himself entitled to the thing deposited
• Necessary - made in compliance with a legal obligation, or on the occasion of any calamity, or by travelers in hotels and inns or by travelers with common carriers. There is lack of free choice in the depositor.

General Rule: A deposit is generally gratuitous (Art. 1965).

Kinds of Compromise

• Judicial – puts an end to a pending litigation
• Extrajudicial – to avoid litigation [Spouses Lana v. Court of Appeals and Spouses Santiago Ramiro and Florentina Ramiro, G.R. No. 104133, April 18, 1995]

Contract of rent of safety deposit boxes (Art. 1975)

Contract of rent of safety deposit boxes

• A contract for the rent of safety deposit boxes is not an ordinary contract of lease of things, but a special kind of deposit; hence, it is not to be strictly governed by the provisions on deposit.
• The prevailing rule in the US is that the relation between a bank renting out safety deposit boxes and its customer with respect to the contents of the box is that of bailor and bailee.