Abstract: Absorbing the institution of the obligation of safe keeping burdened by custodian in Roman Law,the Civil Code of China stipulates that the custodian is obligated to provide custody with due care,and should be diligent to fulfill it.However,after the systematic transformation of the Civil Code,this obligation of "safekeeping" objectively requires the custodian to keep the article,rather than that he should diligently keep it.It has no textual basis and contradicts the principle of no-fault contractual liability to reduce "safekeeping" to "safekeeping attention".If the custody is free,the Civil Code actually continues Lex quod Nerva,allowing the unpaid custodian to manage his own affairs;and if he fails to pay due attention,he will commit a "gross negligence".However,this kind of gross negligence is a kind of specific negligence of its own,which belongs to the attention of the free custodian,different from both abstract gross negligence and concrete minor negligence.As for the safekeeping of the Civil Code which is expressly stipulated in the non-contractual relationship,as well as other implied safekeeping,it should be systematically interpreted as that the custodian should pay attention to the abstract without committing the abstract fault at the corresponding level.

Key words: custodial obligation, custodial liability, abstract gross negligence, specific gross negligence, attention to managing one's own affairs