Chapter 47. Storage.
Article 886. Storage Contract.
1. Under the contract of storage, one party (the keeper) undertakes to keep the thing transferred to it by the other party (depositor) and to return this thing in safety.
2. In a storage agreement in which the custodian is a commercial organization or a non-profit organization storing as one of the goals of its professional activity (professional custodian), the custodian’s obligation to accept the depositor from the depositor within the contract period may be provided for.
Article 887. The form of the contract of storage.
1. The storage contract must be concluded in writing in the cases specified in Article 161 subparagraph 2 of paragraph 1 of Article 161) compliance with the written form is required if the value of the thing being transferred to storage exceeds at least ten times the statutory minimum wage.
The storage contract, which provides for the custodian’s obligation to accept the thing for storage, must be concluded in writing, regardless of the composition of the parties to this contract and the value of the thing being deposited.
The transfer of things for storage in emergency situations (fire, natural disaster, sudden illness, threat of attack, etc.) can be evidenced by testimony.
2. A simple written form of a contract of storage shall be considered complied with, if the acceptance of the thing for storage is certified by the custodian by issuing to the bailor:
safe receipt, receipt, certificate or other document signed by the custodian;
a numbered token (number), other mark certifying acceptance of things for storage, if such form of confirmation of acceptance of things for storage is provided by law or other legal act, or is common for this type of storage.
3. Non-observance of the simple written form of the contract of storage does not deprive the parties of the right to refer to testimony in the event of a dispute about the identity of the thing accepted for storage and the thing returned by the custodian.
Article 888. Fulfillment of the obligation to accept a thing for storage.
1. A custodian who has assumed the obligation under storage to accept a thing for storage (paragraph 2 of Article 886) shall not have the right to demand that this thing be transferred to him for storage.
However, the bailor who has not transferred the thing to storage within the period specified in the contract is liable to the depositary for damages caused in connection with the failed storage, unless otherwise provided by law or the contract of storage. The depositor shall be released from this responsibility if he declares to the custodian about the refusal of his services within a reasonable time.
2. Unless otherwise provided by the contract of storage, the custodian shall be released from the obligation to accept the thing for storage if the thing is not transferred to him in the stipulated period of the contract.
Article 889. Period of Storage.
1. The custodian shall be obliged to keep the thing for a period stipulated by the contract of storage.
2. If the storage period is not stipulated by the contract and cannot be determined on the basis of its conditions, the keeper shall be obliged to keep the thing until it is claimed by its depositor.
3. If the storage period is determined by the moment when the bailor takes possession of the thing, the custodian shall have the right to request the bailor to return the thing after the customary storage period of the thing, under reasonable circumstances, for a reasonable period. Failure by the depositor of this obligation entails the consequences provided for in Article 899 of this Code.
Article 890. Storage of things with impersonality.
In cases expressly provided for in the storage agreement, the storage of things of one depositor may be mixed with things of the same kind and the quality of other depositors (storage with anonymity). An equal or due to the parties quantity of things of the same kind and quality is returned to the depositary.
Article 891. The duty of the keeper to ensure the safety of things.
1. The keeper is obliged to take all measures provided for by the storage agreement in order to ensure the safety of the thing transferred to storage.
If there are no conditions on such measures in the contract or if these conditions are incomplete, the custodian must take measures to preserve the things that are consistent with the business practices and the substance of the obligation, including the properties of the thing deposited, unless the need to take these measures is excluded by the contract.
2. In any case, the custodian must take measures to preserve the thing transferred to him, the obligation of which is provided for by law, other legal acts or in the manner prescribed by them (fire-fighting, sanitary, security, etc.).
3. If storage is carried out free of charge, the keeper shall be obliged to take care of the thing accepted for storage no less than about his things.
Article 892. Use of the thing deposited.
The custodian does not have the right, without the depositor’s consent, to use the thing transferred for storage, as well as provide the opportunity for its use to third parties, except for the case when using the stored thing is necessary to ensure its safety and does not contradict the storage agreement.
Article 893. Changes in storage conditions.
1. If it is necessary to change the conditions of storage of the thing, stipulated by the storage agreement, the depositary is obliged to immediately notify the depositor about it and wait for his reply.
If a change in storage conditions is necessary to eliminate the risk of loss, shortage or damage to a thing, the custodian has the right to change the method, place and other storage conditions without waiting for the depositor’s response.
2. If during storage there is a real threat of damage to the thing, or the thing has already been damaged, or circumstances have arisen that do not allow to ensure its safety, and it is impossible to expect timely action from the bailor, the keeper has the right to sell the thing or part of it at the price established in storage location. If these circumstances arose for reasons for which the custodian is not responsible, he is entitled to reimbursement of his expenses for sale at the expense of the purchase price.
Article 894. Storage of things with dangerous properties.
1. Things that are flammable, explosive or generally dangerous by nature, if the depositor did not warn the custodian about these properties during their deposit, may be neutralized or destroyed by the depositor at any time without compensation to the depositor for damages. The depositor shall be liable for damages caused in connection with the storage of such things to the custodian and to third parties.
When transferring things with hazardous properties to a professional custodian for storage, the rules provided for in the first paragraph of this clause apply when such things were deposited under the wrong name and the custodian could not verify their hazardous properties by external inspection.
In case of paid storage in cases stipulated by this paragraph, the paid remuneration for storage of things shall not be returned, and if it has not been paid, the depositary may collect it in full.
2. If the things accepted for storage with the knowledge and consent of the custodian specified in the first paragraph of clause 1 of this article have become, despite the observance of their storage conditions, dangerous for others or for the custodian’s property or third parties and the circumstances do not allow the depositor to demand to take them away, or he does not fulfill this requirement, these things can be neutralized or destroyed by the keeper without compensation to the bailor of damages. The depositor shall not be liable in this case to the custodian and third parties for damages caused in connection with the storage of these things.
Article 895. The transfer of things for storage to a third party.
Unless otherwise provided by the storage agreement, the keeper shall not have the right to transfer the thing to a third party for safekeeping without the consent of the depositor, unless he is compelled to do so by force of circumstances in the interests of the depositor and is unable to obtain his consent.
The keeper shall immediately notify the depositor of the transfer of the thing for storage to a third party.
When transferring things for storage to a third party, the terms of the contract between the bailor and the original custodian remain valid and the latter is responsible for the actions of the third party, to whom he has deposited the thing, as for his own.
Article 896. Remuneration for storage.
1. Remuneration for storage should be paid to the custodian at the end of storage, and if storage is provided for periods, it should be paid in appropriate parts at the end of each period.
2. In case of delay in payment of remuneration for storage of more than half the period for which it should be paid, the depositary has the right to refuse to perform the contract and require the depositor to immediately pick up the thing deposited.
3. If storage is terminated before the expiration of the stipulated period due to circumstances for which the custodian is not responsible, he shall have the right to a proportionate part of the remuneration, and in the case provided for by paragraph 1 of Article 894 of this Code, the full amount of remuneration.
If the storage is terminated ahead of time due to circumstances for which the custodian is responsible, he shall not have the right to demand remuneration for storage, and must return the amounts received on account of this remuneration to the bailor.
4. If at the expiration of the storage period the stored item is not taken back by the bailor, he shall be obliged to pay the custodian a reasonable remuneration for the further storage of the item. This rule applies in the case when the depositor is obliged to pick up the thing before the expiration of the storage period.
5. The rules of this Article shall apply unless otherwise provided by the contract of storage.
Article 897. Reimbursement of storage costs.
1. Unless otherwise provided by the contract of storage, the custodian's expenses for the storage of the thing shall be included in the remuneration for storage.
2. In the case of free storage, the bailor shall compensate the custodian for the necessary expenses incurred by him for the storage of the thing, unless otherwise provided by law or by the contract of storage.
Article 898. Extraordinary storage expenses.
1. Storage costs for items that exceed normal expenses of this kind and which the parties could not foresee when concluding a storage agreement (extraordinary expenses) are reimbursed to the custodian if the depositor has agreed to these expenses or subsequently approved them, as well as in other cases provided for law, other legal acts or contract.
2. If it is necessary to make extraordinary expenses, the keeper shall request the bailor to consent to these expenses. If the bailor does not report its disagreement within the time specified by the custodian, or within the time normally required for a response, it is considered that he agrees to extraordinary expenses.
In the case where the custodian made extraordinary storage expenses, without having received prior consent from the depositor for these expenses, although this was possible in the circumstances of the case, and the depositor did not subsequently approve them, the custodian may claim compensation for extraordinary expenses only to the extent of damage caused things if these expenses were not incurred.
3. Unless otherwise provided by the contract of storage, extraordinary expenses shall be reimbursed in excess of the remuneration for storage.
Article 899. The obligation of the bailor to take the thing back.
1. Upon expiry of the stipulated period of storage or the period provided by the depositary for the return receipt of the thing on the basis of clause 3 of Article 889 of this Code, the bailor shall immediately take the thing transferred for storage.
2. If the depositor fails to fulfill his obligation to return the thing transferred for storage, including when he evades receiving the item, the keeper shall have the right, unless otherwise provided by the storage agreement, after a written warning to the depositor to sell the item independently at the price prevailing at the place of storage, and if the value of the item is estimated at more than one hundred times the minimum wage established by law, auction it in the manner provided for in Articles 447 - 449 of this Code.
The amount received from the sale of the thing shall be transferred to the bailor, minus the sums due to the custodian, including its expenses for the sale of the thing.
Article 900. The duty of the keeper to return the thing.
1. The keeper is obliged to return to the depositor or to the person indicated by him as the beneficiary, the very thing that was deposited, if the contract does not provide for storage with impersonation (Article 890).
2. A thing must be returned by the custodian in the condition in which it was accepted for storage, taking into account its natural deterioration, natural loss or other change due to its natural properties.
3. Simultaneously with the return of the thing, the custodian is obliged to transfer the fruits and income received during its storage, unless otherwise provided by the storage agreement.
Article 901. Basis of the custodian’s liability.
1. The keeper is responsible for the loss, shortage or damage of things accepted for storage, on the grounds provided for in Article 401 of this Code.
The professional keeper is responsible for the loss, shortage or damage of things, if he does not prove that the loss, shortage or damage occurred due to force majeure, or due to the properties of things that the keeper, taking it for storage, did not know and should not have known either as a result of intent or gross negligence of the depositor.
2. For the loss, shortage, or damage of items accepted for storage after the depositor’s obligation to return these items (clause 1 of Article 899), the custodian is only responsible if he has intent or gross negligence.
Article 902. The size of the custodian.
1. Losses caused to the bailor by loss, shortage or damage of things shall be reimbursed by the depositary in accordance with Article 393 of this Code, unless otherwise provided by law or storage contract.
2. In case of free storage, losses caused to the bailor by loss, shortage or damage to things shall be reimbursed:
1) for the loss and shortage of things - in the amount of the value of the lost or missing things;
2) for damage to things - in the amount of the amount by which their value has decreased.
3. In the case when, as a result of damage for which the keeper is responsible, the quality of the thing has changed so much that it cannot be used for its original purpose, the depositor has the right to refuse it and demand from the keeper to refund the cost of this thing, as well as other damages, if otherwise not provided by law or contract of storage.
Article 903. Reimbursement of damages caused to the custodian.
The depositor shall compensate the keeper for damages caused by the properties of the deposited thing, if the keeper, when accepting the thing for storage, did not know and should not have known about these properties.
Article 904. Termination of storage at the request of the bailor.
The keeper is obliged to return the thing accepted for storage at the first request of the depositor, even if the storage period provided for by the contract has not yet expired.
Article 905. Application of general provisions on storage to its individual types.
General provisions on storage (Articles 886 - 904) apply to certain types of it, unless the rules on individual types of storage contained in Articles 907 - 926 of this Code and other laws provide otherwise.
Article 906. Storage by virtue of law.
The rules of this chapter apply to storage obligations arising by virtue of the law, unless otherwise established by law.
Article 907. Warehouse Contract.
1. Under a warehouse storage contract, the warehouse (custodian) undertakes to keep the goods transferred to him by the commodity owner (depositor) for a fee and return these goods in safety.
A warehouse is an organization that carries out the storage of goods as an entrepreneurial activity and provides services related to storage.
2. A written form of a warehouse storage contract is considered to be complied with if its conclusion and acceptance of the goods at the warehouse are certified by a warehouse document (Article 912).
Article 908. Storage of goods by a public warehouse.
1. A warehouse is recognized as a public warehouse, if it follows from a law or other legal acts that it is obliged to accept goods for storage from any commodity owner.
2. A warehouse storage contract entered into by a public warehouse shall be recognized as a public contract (Article 426).
Article 909. Inspection of goods during their receipt by the warehouse and during storage.
1. Unless otherwise provided by the contract of warehouse storage, when accepting goods for storage, the warehouse must, at its own expense, inspect the goods and determine their quantity (number of units or items or measure - weight, volume) and external condition.
2. A warehouse must provide the goods owner with the opportunity to inspect the goods or their samples during storage if the storage is carried out with impersonation, take samples and take measures necessary to ensure the safety of the goods.
Article 910. Changes in storage conditions and condition of goods.
1. In the case when it is required to change the conditions of their storage to ensure the safety of goods, the warehouse has the right to take the required measures independently. However, he is obliged to notify the commodity owner of the measures taken, if it was necessary to substantially change the conditions for the storage of goods, as provided for by the warehousing contract.
2. When damage is discovered during storage of goods that go beyond the limits agreed upon in the warehouse storage agreement or the usual norms of natural deterioration, the warehouse must immediately draw up an act of this and notify the goods owner on the same day.
Article 911. Checking the quantity and condition of the goods when returning it to the merchant.
1. The merchant and the warehouse have the right to each demand the return of the goods, its inspection and verification of its quantity. The costs incurred by this are borne by the one who demanded inspection of the goods or verification of its quantity.
2. If during the return of the goods by the warehouse to the owner of the goods the goods were not jointly inspected or checked by them, a statement about the shortage or damage to the goods due to improper storage should be made to the warehouse in writing upon receipt of the goods, and regarding the shortage or damage that could not be detected the method of acceptance of the goods, within three days upon receipt.
In the absence of a statement specified in the first paragraph of this clause, it is considered, unless it is proved otherwise, that the goods are returned by the warehouse in accordance with the terms of the contract of storage.
Article 912. Warehouse documents.
1. The warehouse gives out in confirmation of acceptance of the goods for storage one of the following warehouse documents:
double warehouse certificate;
simple warehouse certificate;
2. A double warehouse certificate consists of two parts - a warehouse certificate and a pledge certificate (warrant), which can be separated from one another.
3. A double warehouse certificate, each of its two parts and a simple warehouse certificate are securities.
4. A product accepted for storage under a double or simple warehouse certificate may, during its storage, be pledged by a pledge of a corresponding certificate.
Article 913. Double warehouse certificate.
1. In each part of the double warehouse certificate must be equally indicated:
1) the name and location of the warehouse that accepted the goods for storage;
2) the current number of the warehouse certificate in the warehouse registry;
3) the name of the legal entity or the name of the citizen from whom the goods are accepted for storage, as well as the location (place of residence) of the commodity owner;
4) the name and quantity of the goods accepted for storage - the number of units and (or) items and (or) measure (weight, volume) of the goods;
5) the period for which the goods are accepted for storage, if such a period is established, or an indication that the goods have been accepted for storage on demand;
6) the amount of remuneration for storage or tariffs on the basis of which it is calculated, and the procedure for payment for storage;
7) the date of issue of the warehouse certificate.
Both parts of the double warehouse certificate must have identical signatures of the authorized person and the seal of the warehouse.
2. A document that does not comply with the requirements of this article is not a double warehouse certificate.
Article 914. Rights of holders of warehouse and pledge certificates.
1. The holder of the warehouse and pledge certificates has the right to dispose of the goods stored in the warehouse in full.
2. The holder of the warehouse certificate, separated from the pledge certificate, has the right to dispose of the goods, but cannot take it from the warehouse until the loan is repaid, issued on the pledge certificate.
3. The holder of the pledge certificate, other than the holder of the warehouse certificate, shall have the right to pledge the goods in the amount of the loan issued on the pledge certificate and interest thereon. When a pledge of goods about this is made a mark on the warehouse certificate.
Article 915. Transfer of warehouse and pledge certificates.
The warehouse certificate and the pledge certificate may be transferred together or separately by transfer inscriptions.
Article 916. Issuance of goods on a double warehouse certificate.
1. A goods warehouse shall issue goods to the holder of the warehouse and pledge certificates (double warehouse certificate) only in exchange for both of these certificates together.
2. The holder of the warehouse certificate, which does not have a pledge certificate, but contributed the amount of debt on it, the goods are issued by the warehouse only in exchange for the warehouse certificate and subject to the submission of a receipt with it of the payment of the entire amount of the pledge certificate.
3. The goods warehouse, contrary to the requirements of this article, who issued the goods to the holder of a warehouse certificate who does not have a pledge certificate and has not paid the amount of the debt on it, shall be liable to the holder of the pledge certificate for paying the entire amount secured by it.
4. The holder of the warehouse and pledge certificates shall have the right to demand the issue of goods in parts. At the same time, in exchange for the initial certificates, he is issued new certificates for goods left in stock.
Article 917. A simple warehouse certificate.
1. A simple warehouse certificate is issued to the bearer.
2. A simple warehouse certificate should contain the information provided for in subparagraphs 1, 2, 4 - 7 of paragraph 1 and the last paragraph of Article 913 of this Code, as well as an indication that it was issued to the bearer.
3. A document that does not comply with the requirements of this article is not a simple warehouse certificate.
Article 918. Storage of things with the right to dispose of them.
If it follows from a law, other legal acts or a contract that a warehouse can dispose of goods deposited with it, the rules of chapter 42 of this Code on the loan shall apply to the relations of the parties, however, the time and place of return of goods shall be determined by the rules of this chapter.
Article 919. Storage at a pawnshop.
1. The contract of storage at a pawnshop of things belonging to a citizen is a public contract (Article 426).
2. The conclusion of a storage agreement at a pawnshop shall be certified by issuing to the pawnshop a passport to the depositor.
3. A thing deposited at a pawnshop shall be assessed by agreement of the parties in accordance with the prices of things of this kind and quality, usually established in the trade at the time and place of their acceptance for storage.
4. The pawn shop shall be obliged to insure in favor of the bailor, at its own expense, the things accepted for storage in the full amount of their assessment made in accordance with paragraph 3 of this article.
Article 920. Unclaimed items from the pawnshop.
1. If a thing deposited in a pawnshop is not claimed by the bailor during the term stipulated by the agreement with the pawnshop, the pawnshop must keep it for two months with the payment for this provided by the storage agreement. Upon expiration of this period, an unclaimed item may be sold by a pawnshop in the manner established by paragraph 5 of Article 358 of this Code.
2. From the amount received from the sale of an unclaimed item, the fee for its storage and other payments due to the pawnshop is redeemed. The rest of the amount is returned by the pawnshop to the bailor.
Article 921. Storage of valuables in a bank.
1. A bank may accept for safekeeping securities, precious metals and stones, other precious things and other valuables, including documents.
2. The conclusion of a contract for storing valuables in a bank shall be certified by issuing by the bank to the bailor a registered personal document, the presentation of which is the basis for issuing the stored values to the bailor.
Article 922. Storage of valuables in an individual bank safe.
1. A storage agreement of values in a bank may provide for their storage using the depositor (client) or with the provision of an individual bank safe protected by the bank (safe cell, isolated room in the bank).
Under the contract of storing valuables in an individual bank safe, the client is given the right to place valuables in the safe and withdraw them from the safe, for which he must be given a key to the safe, a card that allows to identify the client, or another sign or document certifying the client’s right to access safe and its contents.
The terms of the contract may stipulate the right of the client to work in the bank with valuables stored in an individual safe.
2. Under the contract of storing valuables in the bank using the client's individual bank safe, the bank accepts from the client valuables that should be stored in the safe, controls their placement in the safe and withdrawal from the safe and returns them to the client after withdrawal.
3. Under a contract of storing valuables in a bank, providing the client with an individual bank safe, the bank provides the client with the opportunity to place valuables in the safe and withdraw them from the safe outside of anyone's control, including from the bank.
The bank is obliged to exercise control over access to the room where the safe provided to the client is located.
Unless otherwise provided by the contract of valuables in the bank providing the client with an individual bank safe, the bank is relieved of the responsibility for the safekeeping of the safe contents if it proves that someone could not access the safe without the client’s knowledge or became possible due to irresistible force.
4. To the agreement on granting a bank safe for use to another person without the bank’s responsibility for the contents of the safe, the rules of this Code on the lease agreement shall apply.
Article 923. Storage in transport organizations' storage chambers.
1. Luggage storage facilities under the authority of transport organizations of general use must accept for storage the belongings of passengers and other citizens, regardless of whether they have travel documents. A contract of storage of things in the storage rooms of transport organizations is recognized as a public contract (Article 426).
2. In confirmation of the acceptance of the thing for storage in the storage chamber (with the exception of automatic chambers), the depositor is issued a receipt or a number counter. In case of loss of a receipt or a token, the thing put into the storage chamber shall be issued to the depositor upon presentation of evidence that this thing belongs to him.
3. The period during which the storage chamber is obliged to store things is determined by the rules established in accordance with paragraph 2 of clause 2 of Article 784 of this Code, unless a longer period has been established by agreement of the parties. Things that are not claimed within the specified time, the luggage storage must be stored for another thirty days. After the expiration of this period, unclaimed items may be sold in the manner provided for by paragraph 2 of Article 899 of this Code.
4. Losses of the depositor due to the loss, shortage or damage of things deposited in the storage chamber, within the sum of their assessment by the depositor during deposit, shall be subject to reimbursement by the depositary within twenty-four hours from the date of the claim for their reimbursement.
Article 924. Storage in the wardrobe of organizations.
1. Storage in organizations' wardrobes is assumed to be free of charge unless the storage remuneration is agreed or otherwise apparent due to the storage of the thing.
The keeper of the thing deposited in the cloakroom, regardless of whether it is stored for free or without compensation, is obliged to take to ensure the safety of the item all the measures provided for by clauses 1 and 2 of Article 891 of this Code.
2. The rules of this Article shall also apply to the storage of outer clothing, hats and other similar things left without deposit by citizens in places designated for these purposes in organizations and means of transport.
Article 925. Storage at the hotel.
1. The hotel is liable as a custodian and without any special agreement with the person (guest) residing in it for the loss, shortage or damage of his belongings brought to the hotel, except for money, other currency valuables, securities and other precious things.
A thing brought in to a hotel is considered to be a thing entrusted to the hotel’s employees, or a thing placed in a hotel room or other place intended for it.
2. The hotel is responsible for the loss of money, other currency valuables, securities and other precious things of the guest, provided they were accepted by the hotel for storage or were placed by the guest in the personal safe provided by the hotel regardless of whether this safe is in his room or in a different room of the hotel. The hotel is relieved of responsibility for the failure to preserve the contents of such a safe if it proves that under the terms of storage someone’s access to the safe without the knowledge of the resident was impossible or made possible by force majeure.
3. A resident who has discovered the loss, shortage or damage of his belongings shall be obliged to immediately notify the hotel administration. Otherwise, the hotel is relieved of responsibility for the non-preservation of things.
4. The announcement made by the hotel that it does not accept responsibility for the non-preservation of guests' things does not relieve her from responsibility.
5. The rules of this Article shall apply accordingly in relation to the storage of citizens' belongings in motels, rest homes, boarding houses, sanatoriums, bathhouses, and other similar organizations.
Article 926. Storage of things that are the subject of a dispute (sequestration).
1. Under a sequestration contract, two or more persons, between whom a dispute about the right to a thing has arisen, transfer this thing to a third person who assumes the obligation to resolve the dispute to return the thing to the person to whom it will be awarded by court order or by agreement of all disputants. persons (contractual sequestration).
2. A thing that is the subject of a dispute between two or several persons may be deposited in the order of sequestration by a court decision (judicial sequestration).
The custodian of a court sequestration can be either a person appointed by the court or a person determined by mutual consent of the disputing parties. In both cases, the custodian’s consent is required, unless otherwise provided by law.
3. Both movable and immovable things can be deposited in the order of sequestration.
4. A custodian who sells a thing in the order of a sequester shall have the right to remuneration at the expense of the parties in dispute, unless otherwise provided by the contract or decision of the court establishing the sequestration.
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