70. STORAGE CONTRACT

Warehousing agreement in commercial activities, real, bilaterally binding, reimbursable. The parties to the storage agreement are the custodian and bailor. The custodian is a special entity - a warehouse, i.e. an organization that stores goods and storage-related services as an entrepreneurial activity.

The subject of this agreement is the activity of the custodian for the storage of goods transferred by the bailor (without the right to use the goods) and intended for sale with the return of this goods in safety (i.e., in its original state, taking into account its natural deterioration).

The beneficiary pays a fee. Moreover, in case of paid storage, the expenses of the custodian are assumed to be included in the remuneration for storage and are not subject to reimbursement in excess of this remuneration. As a general rule, extraordinary expenses for storage are subject to reimbursement only with the consent of the bailor.

The peculiarity of the warehousing agreement is that the bailor may withdraw from the agreement without giving reasons, by declaring to the custodian about the refusal of his services within a reasonable time. Failure by the bailor to fulfill the obligation to transfer the thing for storage shall entail the emergence of the right of the bailee to compensation for losses and the termination of his obligation to accept the thing for storage.

The custodian of a thing under a paid storage agreement must take all necessary measures to ensure the safety of the thing. The obligations of the custodian, arising in the event of a threat to the safety of things, are established in Art. 893 of the Civil Code is imperative and cannot be changed by agreement.

The risk of losses due to the storage of generally dangerous things in the event that the custodian is not warned about their dangerous properties, as a general rule, lies with the bailor. In an agreement with the participation of a professional custodian, this risk is borne by the custodian, who can transfer the risk of loss to the bailor by proving that they have been deposited under the wrong name.

The keeper is not entitled to transfer the thing for storage to a third party. The exceptions are cases when the bailee is forced to transfer things by circumstances beyond his control and he is deprived of the opportunity to obtain the consent of the bailor.

With the exception of the case of storage with depersonalization, the bailee is obliged to return to the bailor exactly the thing that was transferred for storage.

In the event that, in order to ensure the safety of goods, it is necessary to change the conditions for their storage, the warehouse has the right to take the required measures independently. However, he is obliged to notify the commodity owner of the measures taken (paragraph 1 of article 910 of the Civil Code). But consent to such measures in the future is not required.

If a joint check has not been made, a statement about the shortage or damage to the goods due to its improper storage must be made to the warehouse in writing upon receipt of the goods, and in respect of shortage or damage that could not be detected by the usual method of accepting the goods, within three days receipt.

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