Contract law. Storage agreement (most important)

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Contract law. Storage agreement (most important)

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62. STORAGE AGREEMENT

On storage agreement one party (the custodian) undertakes to keep the thing transferred to it by the other party (the bailor), to return this thing in safety.

The contract is:

1) real - the contract is considered concluded from the moment the thing is transferred from the bailor to the keeper;

2) consensual - in the case when the agreement of the parties provides for the obligation of the bailee to accept for storage the thing from the bailor within the period provided for by the agreement;

3) mutual;

4) paid - in the case when the agreement provides for remuneration to the custodian for the provision of services for the storage of things, and free of charge.

Parties to the agreement:

1) bailor - any natural or legal person;

2) custodian - citizens (fully capable) and legal entities (if there is a special license for certain types of storage).

subject of a contract form the storage services that the custodian provides to the bailor. The object of the service itself is a variety of things capable of spatial movement.

Form of contract.

Storage agreements must be made in writing:

1) between legal entities;

2) between legal entities and citizens;

3) between citizens, if the value of the thing transferred for storage exceeds at least 10 times the minimum wage established by the state;

4) storage agreements that provide for the obligation of the keeper to accept the thing for storage, regardless of the composition of their participants and the value of the things transferred for storage.

Period is not an essential condition.

Beneficiary's obligations:

1) is obliged to take the thing back after the expiration of the stipulated storage period;

2) is obliged to warn the bailee about the dangerous properties of the thing when depositing the thing;

3) if there is an agreement, he is obliged to pay remuneration;

4) is obliged to reimburse the necessary or extraordinary expenses incurred by the custodian in connection with the provision of storage services.

Guardian Responsibilities:

1) accept the thing for storage;

2) to store the thing for the entire period stipulated by the contract or until the demand of the thing by the bailor;

3) take actions aimed at preserving the thing and (or) its useful properties, at least to the extent that he would take care of the preservation of his things;

4) provide storage services personally, unless otherwise provided by the contract or otherwise agreed with the bailor;

5) not to use the thing transferred by the bailor without his consent;

6) immediately notify the bailor of the need to change the storage conditions provided for by the agreement;

7) to return the deposited thing to the authorized person at the first request.

Author: Rezepova V.E.

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