Capacity to be depositor or receiver

Anyone having the capacity to contract may be depositor or depositary, provided following rules are observed: 1. The incapacity of one of the parties does not exonerate the party who accepted the deposit, of the obligations to which the depositaries are subject; 2. An incapacitated person, who accepts the deposit may, wherever demand is made, for compensation of damages, plead nullity of the contract, but may not avail of his own incapacity to escape the liability to return the thing deposited, if it is in possession of the depositary or to restitute with whatever he enriched himself by way of its alienation. 3. Where the incapacitated person is not totally deprived of sufficient intelligence, he may directed to pay compensation for losses and damages, in case he acted in fraud and bad faith.