Code Section

Civil Code - CIV

DIVISION 3. OBLIGATIONS [1427 - 3273.69]

  ( Heading of Division 3 amended by Stats. 1988, Ch. 160, Sec. 14. )
  

PART 4. OBLIGATIONS ARISING FROM PARTICULAR TRANSACTIONS [1738 - 3273.69]

  ( Part 4 enacted 1872. )
  

TITLE 3. DEPOSIT [1813 - 1881.2]

  ( Title 3 enacted 1872. )
  

CHAPTER 1. Deposit in General [1813 - 1828]

  ( Chapter 1 enacted 1872. )
  

ARTICLE 2. Obligations of the Depositary [1822 - 1828]
  ( Article 2 enacted 1872. )

  
1826.  

A depositary, who believes that a thing deposited with him is wrongfully detained from its true owner, may give him notice of the deposit; and if within a reasonable time afterwards he does not claim it, and sufficiently establish his right thereto, and indemnify the depositary against the claim of the depositor, the depositary is exonerated from liability to the person to whom he gave the notice, upon returning the thing to the depositor, or assuming, in good faith, a new obligation changing his position in respect to the thing, to his prejudice.

(Enacted 1872.)