§ 1822 Depositary Delivery Obligations

Civil Code·California

AI SummaryVerified

A depositary must give the item back to the rightful person whenever they ask for it, unless there's a legal reason they can't.

Key Takeaways

•Must return the item on demand.
•Only exception is if you have a legal right to keep it (like a lien) or a law stops you.
•You must follow any notice requirements.

Example

A friend asks you to return a borrowed bike after a week, but you keep it because you think they owe you money.

You must return the bike when they ask, unless you have a legal claim (like a lien) or a court order stops you, and you must follow any notice rules.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 1822 Depositary Delivery Obligations

A depositary must deliver the thing to the person for whose benefit it was deposited, on demand, whether the deposit was made for a specified time or not, unless he has a lien upon the thing deposited, or has been forbidden or prevented from doing so by the real owner thereof, or by the act of the law, and has given the notice required by Section 1825. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

depositary lien Section 1825

References

Official text at leginfo.legislature.ca.gov
California Legislature. Civil Code. Section 1822.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References