1699. Voluntary deposit is that which is made by the mutual consent of the party making and of the party receiving it.
1700. Voluntary deposit can take place only between persons capable of contracting.
Nevertheless if a person capable of contracting accept a deposit made by a person incapable, he or she is liable to all the obligations of a depositary; which obligations may be enforced against him or her by the tutor or other administrator of the incapable person.
1701. If the deposit have been made with a person incapable of contracting, the party making it has a right to obtain restoration, so long as it remains in the hands of the depositary, and afterwards a right to demand the value of the thing in so far as it has been profitable to the depositary.