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Civil law. Part II. Elements of a storage agreement (the most important)

Lecture notes, cheat sheets

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60. ELEMENTS OF A STORAGE AGREEMENT

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.

The subject storage agreements are the actual storage services provided by the custodian to the bailor.

The object storage agreement services are movable things and only as an exception immovable things (in cases of direct indication of the law, for example, sequestration - clause 3 of article 926 of the Civil Code), things individually defined and defined by generic characteristics.

Timing There can be several things in a storage agreement:

▪ the period during which the custodian is obliged to store the thing (on this basis, fixed-term contracts are distinguished from demand contracts - unlimited);

▪ the period within which the custodian undertakes in the consensual agreement to accept the thing for storage;

▪ the period during which the depositor in the consensual agreement undertakes to provide the custodian with property for storage.

Price is an element of the contract only in reimbursable contracts. It is set on the basis of tariffs, rates.

Form storage agreement is defined by Art. 887 GK. Written form is required for storage agreements concluded:

▪ between legal entities;

▪ between a legal entity and a citizen;

▪ between citizens, if the cost of the storage facility does not exceed 10 minimum wages;

▪ between any entities in agreements, the conclusion of which is mandatory for the custodian.

The acceptance of a thing for storage is certified by the issuance by the keeper to the bailor of either an appropriate document (safety receipt, receipt, certificate, etc.), or an appropriate sign (numbered token) (clause 2, article 887 of the Civil Code).

Failure to comply with the written form of the contract deprives the parties of the right to refer to witness testimony in relation to the fact of the transaction, but not in relation to the identity of the returned object (clause 3 of article 887 of the Civil Code). This rule does not apply in cases where the contract was concluded under extraordinary circumstances.

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