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Civil law. Part II. Rights and obligations of the parties under a storage agreement (the most important)

Lecture notes, cheat sheets

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61. RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THE STORAGE AGREEMENT

Guardian Responsibilities:

▪ accept the thing for storage (this obligation applies only to consensual agreements);

▪ store the item for the period stipulated by the contract;

▪ ensure the safety of the item accepted for storage;

▪ change the conditions for storing an item or sell it if storage is impossible (with reimbursement of expenses to the bailor);

▪ take care of the bailor’s property in gratuitous storage agreements in the same way as with his own property;

▪ do not use the item received for storage without the consent of the depositor;

▪ fulfill the storage obligation personally;

▪ immediately return to the depositor the thing transferred for storage upon his request, unless the agreement provides for its depersonalization;

▪ return the item in the condition in which it was accepted for storage, taking into account changes in it due to its natural properties;

▪ simultaneously with the return of the item, transfer the fruits and income received from it;

▪ issue the depositor with the appropriate document or sign indicating that the item has been accepted for storage;

▪ transfer to the depositor the amount of money he received from the sale of the object of storage, subtracting from it the amount of funds due to him for the storage and sale of the object.

Guardian rights:

▪ receive payment for storage in paid storage agreements;

▪ receive compensation for the bailor’s delay in storage;

▪ sell the stored item independently or at auction without the consent of the bailor in the event of changed storage conditions and the impossibility of obtaining such consent from the bailor;

▪ terminate the contract early if the bailor has delayed payment for storage of the item for more than half of the storage period in cases where the frequency of payment was provided for in the contract;

▪ demand from the bailor the thing stored under the contract until demand after the expiration of the usual storage period;

▪ incur extraordinary expenses associated with storage and demand payment from the bailor;

▪ not to accept things with dangerous properties, etc., under a consensual agreement.

The bailee is not entitled to use the thing received for storage, and is not entitled to transfer it to a third party for storage without the consent of the bailor.

Beneficiary's obligations: warn the custodian about the properties of the thing and the peculiarities of its storage; upon the expiration of the stipulated period of storage or the period provided by the bailee for the return receipt of the thing, the bailor is obliged to immediately take the thing transferred for storage; pay the custodian remuneration, if it is provided for by law or contract; reimburse storage costs.

Depositor's rights: take the object of storage from the custodian ahead of schedule, even in a fixed-term contract; to refuse a thing that has changed in the process of storage.

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