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Civil law. Part II. Concept, types and legal regulation of a storage agreement (the most important)

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59. CONCEPT, TYPES AND LEGAL REGULATION OF THE CONTRACT OF STORAGE

On storage agreement one side (the keeper) undertakes to keep the thing transferred to it by the other party (bailor), and return this item safely.

This agreement refers to contracts for the provision of actual services.

Characteristics of the storage agreement: can be both real and consensual, both compensated and gratuitous, mutual.

Types of contracts storage depends on the type of storage.

Storage types:

▪ normal storage and special storage:

a) in a warehouse;

b) in a pawnshop;

c) in a storage room in a transport organization;

d) in the wardrobe;

e) in a hotel and in other places of temporary residence (in a sanatorium) and places of stay (in a bathhouse);

f) things that are the subject of a dispute (sequestration);

g) notarial deposit;

h) cultural property belonging to private individuals or museums;

▪ regular (regular) storage (after the end of such an agreement, the bailor is returned the same thing that he deposited for storage) and irregular storage - storage with depersonalization (after the end of such an agreement, the bailor is returned a thing of the same kind, type, quantity and quality that he deposited);

▪ professional storage (the service is provided by an organization for which storage is the purpose of its professional activity) (clause 2 of Article 886 of the Civil Code) and non-professional storage (the service is provided by a citizen or organization for which storage is not the purpose of its activity);

▪ storage that arose under normal conditions of civil circulation, and storage that arose during emergency circumstances (natural disasters, military operations);

▪ storage arising from an agreement, and storage arising by force of law (for example, storage of a find - Article 277 of the Civil Code, stray animals - Article 230 of the Civil Code, inherited property - Article 514 of the Civil Code, illegal goods, etc.).

The storage agreement is regulated by the Civil Code of the Russian Federation, which highlights the general provisions of this agreement and certain types of agreements (general provisions apply both to certain types of this agreement - Article 905 of the Civil Code, and to obligations arising by virtue of law - Article 906 of the Civil Code). In addition, certain types of contracts are regulated by laws (for example, "On Pledge", Fundamentals of Russian Legislation on Notaries, Federal Law "On the Museum Fund of the Russian Federation and Museums of the Russian Federation"), regulations on legal entities that carry out storage (for example, Regulations on the Museum Fund of the Russian Federation, Regulations on Licensing the Activities of Museums of the Russian Federation), charters of legal entities that carry out storage, taking into account the explanations given by the resolutions of the Plenum of the Supreme Court of the Russian Federation and the Constitutional Court of the Russian Federation.

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