On which three grounds may a depositor take back the deposited property, and what must the depositor prove to do so?
General information · Not legal advice
Material to check
In a practice file of this kind, we read the record of deposit to confirm the applicant is the depositor, the paper showing what property was deposited, and the document showing which of the three grounds is relied on.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats recovery as the depositor's own remedy: the depositor may take the deposited property back only by proving the fact that one of the three grounds applies, namely the case the Civil Code provides for, a deposit made by mistake, or the cause of the deposit having been extinguished.
Another reading marks the line between the two routes: the three grounds are written for the depositor alone, while a person seeking to receive the deposited property proves the right as prescribed by Supreme Court Rules, and the provision does not say what degree of proof each ground requires.
Your judgment
On what documents in the file could the fact that the cause of the deposit has been extinguished be shown?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add or narrow a ground for recovery, or if a court decision sets out what proof satisfies the fact that the cause of the deposit has been extinguished.