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Civil law. Part II. Responsibility of the parties under the storage agreement (the most important)

Lecture notes, cheat sheets

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62. RESPONSIBILITY OF THE PARTIES UNDER THE STORAGE AGREEMENT

The beneficiary is responsible for:

▪ losses caused to the custodian by the dangerous properties of the thing deposited in storage, if he did not warn the custodian about them (Articles 894, 903 of the Civil Code);

▪ losses caused in connection with the failure to provide the thing to the custodian for storage under a consensual agreement (clause 1 of Article 888 of the Civil Code);

▪ untimely payment of remuneration for storage and for untimely reimbursement of expenses for storage (clause 1 of Article 896-898 of the Civil Code) in the form of fines provided for in the contract, or payment of interest for the use of other people's funds in accordance with Art. 395 Civil Code.

The Guardian answers:

▪ for refusal to accept an item for storage if the contract is consensual (damage caused to the depositor is compensated in full);

▪ loss, shortage, damage to an item accepted for storage (in this case, a non-professional custodian is liable only if there is his fault, and a professional one - regardless of its presence, since he is an entrepreneur - paragraph 3 of Article 401, paragraphs 1, 3 of Article 902 Civil Code), and if this happened after the expiration of the stipulated storage period, liability arises only if there is intent or gross negligence of the custodian (clause 2 of Article 901 of the Civil Code);

▪ for early termination of storage (clause 3 of Article 896 of the Civil Code);

▪ for illegal use of a thing without the consent of the bailor (Article 892 of the Civil Code);

▪ for the actions of a third party to whom the custodian transferred the item for storage (clause 3 of Article 895 of the Civil Code).

Custodian Liability Limits:

▪ for harm caused by the loss or damage of a thing, under a compensation contract, real damage and lost profits or the amount of the value of the thing determined when accepting it for storage are compensated (clause 1 of Article 902 of the Civil Code);

▪ under a gratuitous contract, the cost of lost or missing items and the amount by which the value of damaged items has decreased (clause 2 of Article 902 of the Civil Code) is reimbursed.

The contract is terminated at the first demand of the bailor to return the thing to him (Article 904 of the Civil Code).

The conditions for the execution of the contract can be changed by the custodian with the notification of the bailor or independently (Article 892 of the Civil Code).

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