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=S=> BGB 700. 1 If fungible things are deposited in such a way that ownership is to pass to the depositary and the depositary is to be obliged to return things of the same type , quality and quantity , then in the case of money the provisions on loan contracts apply , and in the case of other things the provisions on contracts for the loan of things apply . If the depositor permits the depositary to consume fungible things , then in the case of money the provisions on loan contracts apply and in the case of other things the provisions on contracts for the loan of a thing apply from the point of time when the depositary appropriates the things on . In both cases , the time and place for return are , in case of doubt , determined under the provisions of the safekeeping contract .
=S=> BGB 700. 2 In the case of deposit of securities , an agreement of the type cited in subsection ( 1 ) is only valid if it is made expressly .
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