Armin Hohenadler

A deposit is created exclusively for the benefit of the surety if both parties agree that it is to be used temporarily in the custody of the surety for its own benefit, without giving anything to the depositor in return. The borrowing of a book from a library is a deposit for the sole benefit of the guarantor. The old customary law held a bailee strictly responsible for bail. The exception to this rule was the case for involuntary deposits (see below) if the deposit recipient meets only a standard of care. In the case of a deposit for mutual benefit, the beneficiary of the deposit must take care of the property paid by deposit. A bailee who fails to do so may be held liable for damages caused by his negligence. If a depositor receives the sole benefit of the deposit, the surety has less duty of care for the property and is only financially liable if he acted through gross negligence or acted in bad faith in the maintenance of the property. On the other hand, a bailee whose assets have been spared against suretyship must show extraordinary care for the assets. The recipient of the deposit may only use the property in the manner approved by the terms of the deposit. The recipient of the deposit is responsible for all violations of ownership due to non-compliance or use of the property. A lessor receives the only benefit of a deposit if a bailee acts free of charge – for example, if a restaurant, a bailee, provides its customers, the bailors, with a visited cloakroom free of charge. According to the terms of the deposit, the surety undertakes to act without waiting for compensation.

One of the main advantages of any agreement is the fact that it reduces risk, saves time and money and, finally, clearly defines the relationship, obligations and rights of the parties. Suretyship means transferring something to a person without giving ownership. In the context of civil court decisions, bail means improving a judgment without being a lawyer or requiring full possession of all rights, title and service of the judgment. A deposit in the mutual interest of the parties occurs when an exchange of services takes place between the parties (e.g. B a deposit for the repair of an item, if the owner pays to carry out the repair). In order to establish a deposit agreement, the following conditions must be met An applicant receives the sole benefit of a deposit if a depositor acts free of charge (e.g. B if the owner leaves the valuable such as a car or jewel in the care of a trusted friend, while the owner travels abroad without agreement to compensate the friend). .

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