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Idem or tantundem? Restitution in case of deposit

Publication at Faculty of Law |
2019

Abstract

The objective of this article is to discuss the contract of deposit especially as to the obligation of a depositary to restitute (return) the deposited object to the depositor. In such cases the question arises if a depositary has to return the very same object that has been deposited or if there are some exceptions to of this rule.

The article focuses on Roman law, the ABGB, the law of the interwar Czechoslovakia with minor allusions to then valid German law and finally the contemporary Czech law.