(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 credit agreements 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 credit agreements apply and in the case of other things, the provisions on contracts for the loan of a thing apply from the point in time onwards at which the depositary appropriates the things. In both cases, the time and place for return are, in case of doubt, determined under the provisions of the safekeeping contract.
(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.