Storage is one of the most popular types of agreements in civil law. The law pays great attention to the regulation of these issues. Separately and at the same time, rather specifically, the Civil Code of the Russian Federation speaks of such an element of the entire system as special types of storage. This section of the chapter is devoted to those issues that are often found in everyday life, but at the same time are not sufficiently regulated and do not always lend themselves to correct understanding by citizens.
Storage concept
The legislation governing civil relations is considered almost the most voluminous in the collection of all codified industries. The Civil Code of the Russian Federation covers all possible options for social interaction that arise in ordinary life and require the attention of both individuals and legal entities. Many agreements and other transactions fix this act, but at the moment we will talk about one specific one, namely storage.
A storage contract is an agreement under which one party is obliged to keep a thing that the other party transferred to it. That is, there is always someone who is called the keeper and the one who is called the depositor. In this case, the contract may be onerous and gratuitous, depending on such criteria as special types of storage. In addition, the first party is always obliged to return the accepted thing, which makes it binding.
Essence and meaning
The treaty in question is a very vivid example of a commitment. Like much contained in civil law, storage has found its origin in ancient Rome. Its essence has not changed too much since then. Roman law, as well as the Civil Code of the Russian Federation now, said that there are two parties, each of which has its own responsibilities: to store, return, and in case of a chargeable nature to pay.
Storage is considered one of the most common social events. Of course, the sale, purchase and rental are not inferior to him their leading positions, but now special types of storage have become very popular, the comparative characteristics of which make it possible to understand the importance of each of them. The present time is famous for such phenomena, from which the significance of such agreements is only growing.
Storage agreement
A storage agreement, as mentioned above, is a unilateral agreement in which two parties have their rights and obligations. The essence of this phenomenon is clear from its name. However, it is customary to characterize each civil contract in several respects. The first is a brief description of its essence. Storage - a real, unilateral and gratuitous contract. Although the latter criterion is valid only as a general rule, exceptions are also possible.
It should also be said about the subjects in this agreement. They can be any, and this is directly indicated by the Civil Code. So, the law defines the subjects as the custodian, that is, the person who takes the thing for storage, and the depositor - the one who transfers the thing. And the first one has no right to demand a thing and should, in case of which, return it to the owner.
Of course, the specifics of each contract is its form. In this case, the general rules of the Civil Code of the Russian Federation regarding the conclusion of transactions must be observed. That is, any of the three forms is possible. In addition, a material condition is essential without which the agreement is deemed to be non-concluded. In storage - this is only the subject of the contract, that is, the thing transferred by the depositor.
The specific type of storage agreement
In the theory of civil law and in legislative acts, they consider a form of this agreement that cannot be found elsewhere. Such an agreement is called professional. That is, it has its own specific specificity, which just makes exceptions to those general rules listed above.
So, a professional storage contract differs from a simple one in that it is bilateral, that is, it obliges not one side, but both. In addition, it can be both real and consensual, which is also uncharacteristic of a simple contract. Another point is retribution. That is, it implies some kind of payment for fulfilling obligations. As mentioned above, the storage agreement may be onerous or gratuitous, which also confirms the exception.
Execution and termination of the contract
All terms of the agreement are approved immediately, before signing by both parties. Storage is carried out in an environment that will be agreed in advance. In addition, in the process of execution of the contract, the custodian has the right to change something only if the depositor agrees to this. That is, subject to the agreement, none of the parties can independently change anything.
The moment of termination of the contract is also important. If it is urgent, then, accordingly, after a certain period of time, the agreement terminates. If it is unlimited, then there are several options. The first is when the keeper put the thing in danger, there was a threat of its damage, or there was a situation that could lead to it. The second - when, on the contrary, the depositor does not fulfill his obligations, namely, does not accept the thing back.
Special types of storage
Simple storage always means placing goods in a warehouse. This is the most common and often used option. However, the Civil Code fixes several more options for such an agreement, which are quite common in everyday life. For example, an automatic left-luggage office. This is a form that is very often used and regulated by law.
So what exactly is it about? Special types of storage in civil law are determined by separate articles. The general provisions on the storage agreement are applied to them, but at the same time specific features are taken into account, which are also not deprived of the attention of the legislator. Examples of such storage are sequestration or putting things in bank cells.
It is also important to say one more thing. Features of special types of storage are numerous. The specifics of the subject, the urgent nature of the conclusion of the agreement, a special object, the publicity of the contract, which is important, all this distinguishes these forms from that based on general provisions.
Pawnshop storage
Appeal to such places was carried out by almost every person. However, not everyone knows that, in addition to collateral, the pawnshop also carries out storage. This is an exclusively reimbursable transaction, where the evaluation of the provided thing is always carried out. In addition, applying to a pawnshop constantly entails the obligation on the part of the keeper to accept the property.
Special types of storage imply publicity. As mentioned above, employees of these places cannot refuse the depositor if he decided to hand over the thing. In addition, it is always a fixed-term contract, it is simply impossible to leave property in a pawnshop for an indefinite time. Further, it is important to understand that this is a professional type of contract, that is, specific. A pawnshop employee is a special subject of legal relations, and only he can be a custodian.
The term for concluding such an agreement is two months; it is calculated from the moment the depositor pays the service. When the period of time established by the contract expires, the pawnshop employee has the right to sell the property handed over to him, as the second party has not fulfilled the obligation to claim it.
Bank storage
Storage of valuables in a bank is also a common sight. He did not depart far from the general provisions; on the contrary, a similar agreement is concluded, as well as a simple agreement. We discuss all the necessary conditions for the provided service, terms and payment. The only thing that is uncharacteristic for a simple agreement is the bank providing the depositor with a document fixing this transaction and confirming all the conditions.
It is also possible when using a method such as a bank safe. Leasing is also carried out on the basis of an agreement. This is a specific method, as it has very unusual conditions for such services. The peculiarity is that in this case the depositor has the key to the safe and is able to bring things into it or take them from there. This is the difference from the transfer of values to the bank, where there is no open access to them.
Left-luggage offices
This view resembles a pawnshop. Firstly, this is the same public contract, and transport organizations are required to take things for storage, not only with passengers, but also with other citizens. Secondly, a specific period is set, in this case thirty days. After it expires, camera employees can sell property that was not claimed on time.
However, in this type of storage, not only the depositor is responsible. In the event that the property is damaged or lost, all losses will be reimbursed. Moreover, a deadline is set for such actions: no later than twenty-four hours after receiving a claim for compensation, everything must be provided to the depositor.
Also, as mentioned above, it stands out as a kind of automatic left-luggage office. However, legislation in this regard does not remain equally generous in the matter of regulation. The Civil Code of the Russian Federation does not explain how to precisely control and determine this moment. It is not clear whether the rules for left-luggage offices apply to automatic ones or not.
Wardrobe organizations
Like any other, this type of storage has its own characteristics. The first of them, which seriously distinguishes wardrobes from other places, is gratuitousness. You cannot take money for storing outerwear, payment is never charged, this is simply unacceptable. An exception may be the reservations that suit both parties, and the specific conditions that give rise to such a need.
Employees of these organizations are responsible for those things that are transferred to them for storage. Many forget about this condition, relying on gratuitousness. However, this is a big mistake. Employees should take care of the property handed over to them by the depositors, as if it belonged to them. These rules apply not only to outerwear, but also to hats, as well as other things transferred to storage.
Hotel storage
Another special version of the contract. Special types of storage are relatively uniform, with the exception of some aspects. In this case, it is the absence of the need to conclude a contract. The hotel should be responsible for the safety of any items brought by their guests. This obligation arises automatically as soon as a person enters and pays for accommodation.
In addition to the fact that written confirmation of the contract is not required, it is important to say that not all things of the guests are subject to the above rules. The hotel is not responsible for cash, securities or any precious property. In relation to everything else - the organization will compensate for any losses if it is proved that the thing belonged to their guest.
Sequestration
The youngest and newest type of storage for the Civil Code of the Russian Federation. Sequestration - storage in which we are talking about things in relation to which a dispute is being conducted. In this case, we can say that there can be more than two sides. Since the parties to the dispute first agree among themselves on the transfer of things, and then draw up and sign an agreement directly with the organization, which will preserve their property.
Such an agreement is concluded for a period during which the dispute will be resolved. These are not specific days, but rather the onset of a certain moment. As a result, the keeper is obliged to transfer the thing to the one who wins the dispute, and at the same time he himself must be a completely disinterested person in him, otherwise there simply cannot be such an agreement.
The law also defines such a type of sequestration as judicial. In this case, the parties themselves cannot determine to whom and when the thing will be transferred for storage, all these issues will remain at the discretion of the chairman. Both judicial and simple sequestration are a reimbursable contract, and are paid at the expense of the parties that argue with each other.
Responsibility under the storage agreement
Any breach of contractual obligations entails liability. In these situations, civil law. Of course, for non-compliance with the terms of the agreement there is no threat of being concluded or administrative punishment, at least in most cases. However, no one has canceled the compensation for damages and compensation for harm.
As for liability under a specific contract, in most cases it is solely the custodian, since it is to him that this or that property is transferred. His loss, death, damage or the threat of these actions - all this will be the reason to demand damages or to compensate for the damage, depends on whether the thing is lost or simply damaged.