Essential conditions of the storage contract under the Civil Code of the Russian Federation

Keeping things is a typical form of service delivery. For a fee, the custodian undertakes to accept, retain and return certain property to the bailor. By the way, the terms "bailer" and "bailor" are derived from the storage term - "luggage", which existed in Russian prerevolutionary legislation.

Terms of the contract of storage in civil law

The obligations of storage can flow not only from the contract itself, but also to appear by virtue of the law. A striking example is a supply contract, in which the supplier has not fulfilled its obligations to supply a certain quantity of goods or specified quality. In this case, such supplier is obliged to take the goods not transferred to the buyer for responsible storage. Another example is that the item found before the return to the person who lost it is considered to be accepted for safekeeping by default.

Subject of the contract

As a storage object, any thing that has no restrictions on free circulation can act. This can be goods, securities, cash, documents.

There are no restrictions on the storage of real estate, but it is not directly stipulated by the current legislation, therefore there are no grounds for recognizing such transactions as invalid.

Property rights are not subject to storage, because it is not possible to transfer them physically to another person.

Form of contract of storage

The essential condition of the storage contract under the Civil Code of the Russian Federation is the form of its conclusion. Such contracts must be concluded in a simple written form. For individuals, a written form is provided if the value of the subject matter of the contract exceeds ten times that established at the time of the conclusion of the minimum wage.

A simple written form is not only a contract or a check, but also a license plate that can be transferred to a hotel or a storage room at a railway station.

In the court proceedings, if the written form of the contract was not observed, then to refer to the testimony can be only in two cases:

• If the dispute is about the identity of the thing, which is returned by the keeper;
• In case of transfer of a thing for storage in emergency conditions, for example, during a natural disaster in a certain territory.

Who has the right to enter into a custody transaction

The essential conditions of the contract of storage include the legality of signing such agreements on both sides. As a bailor, any person with full legal capacity can act. For example, in order to hand over your luggage in a hotel, you only need to be registered there. In the case of a small household transaction, the bailor may not have full legal capacity.

A third party may act as the depositor, if he has full grounds for temporary possession of another's property, or his rights derive from the norms of the law.

As a custodian, a legal entity, an individual, without the status of a legal entity-individual entrepreneurs, can act. Non-profit organizations can only be engaged in storage if there is a certain amount of special legal capacity, for example, if such an enterprise has one of the goals of professional activity - the storage of certain things.

Shelf life

The concept, legal nature and terms of the contract of storage do not imply the obligatory indication of the term of the contract of storage, it can be concluded and up to the moment of demand by the depositor.

If the contract specifies the period of storage, the custodian may not apply to the lender with the requirement to take his property ahead of schedule. In a consensual transaction, the custodian may refuse to accept the property if the period of its transfer for storage is violated.

Duties of the parties

The terms of the contract of storage assume a full and clear description of the rights and obligations of both parties to the transaction.

Obligations of the keeper. The custodian is obliged not only to deposit a certain thing, but also to ensure that it is fully preserved until being transferred back to the bailor. The custodian is obliged to perform his services personally, without transferring any rights to a third party. Under no circumstances does he have the right to use the object of storage for personal gain. Return the stored item to the bailor, he is obliged in the same form in which it was transferred.

Rights of the keeper. The essential conditions of the storage contract include the rights of the keeper. So, he has the right to receive remuneration for his services, if the transaction is onerous. The custodian is entitled to reimbursement of expenses related to the delay in the storage contract through the fault of the depositor. To terminate the contract unilaterally, if the delay in the contract amounted to more than half of the contract. The custodian has the right to refuse to accept a thing for storage if it poses a threat to the environment or possesses certain dangerous properties.

Bailor's rights and obligations. The bailor is obliged to pick up the subject of the transaction and pay for the services to the custodian, if it is expressly provided for in the storage contract. For example, it is the bailor's obligation to pay for services that is relevant to the essential condition of the storage contract, and the custodian, in turn, is obliged to return the thing in complete safety.

Cancellation of the storage transaction

The general rules for the dissolution of business transactions apply to the storage contract. However, there are special conditions for early termination:

• The bailor has the right to refuse the storage contract if he required a thing at an earlier time than stipulated by the contract;
• If the custodian realizes that he can not provide the necessary storage conditions, then he is obliged to inform the bailor if he does not take the necessary measures, the custodian has the right to sell such property;
• If during the storage it is determined that the thing has dangerous properties, then the custodian has the right to destroy it, on the basis of Art. 894 of the Civil Code;
• If the transferor has delayed payment for storage for more than half of the period provided for in the contract.

The contract of storage can be terminated in court, but on condition that the plaintiff, whether the custodian or the depositor, was able to prove the materiality of the violation of the transaction by the other party.

Secure storage

Any enterprise sooner or later faces a logistics issue, the goods must be stored and moved. Many logistics organizations offer safe storage services.

Responsible storage is the absence of the need to purchase your own storage facilities, you do not need to build or rent a warehouse, hire staff, charge him wages and purchase equipment for warehouse maintenance. The warehouse of responsible storage must be fully equipped, it not only completely regulates the logistics processes, it also has an attractive appearance, it is clean and beautiful. In such warehouses, there is no question about the soberness of movers.

Distinctive features of a warehouse of responsible storage and a leased warehouse:

• To the essential terms of the contract of safe storage may include certain services, palletizing or other complex services;
• There is no need to purchase warehouse equipment and employ staff;
• Complete safety of the subject of the contract, even if the aircraft falls into the warehouse;
• The possibility of constant expansion of warehouse space;
• Possibility to pay only actual storage.

Naturally, such services are expensive, and there are no ideally universal warehouses, nevertheless the warehouse of responsible storage is an excellent opportunity to refuse renting a room and save money.

To the essential conditions of the contract of responsible storage can be attributed the right of realization. In some cases, the bailor may stipulate with the custodian the conditions for the sale of the stored property. For example, if the bailor-entrepreneur is confident that he will not be able to ensure the transfer of the goods to his buyer in time, he can transfer this function to the custodian. The proceeds from the sale belong to the depositor. The contract can provide that from the amount for sale, the funds for storage and sale of assets are deducted.

Similar conditions are contained in the storage agreement with the pawnshop. In this case, if the loan funds are not returned within the agreed time, the property of the depositor can be realized by the custodian.

Supply of goods and storage

According to general rules, the supply contract is a type of sale transaction. Under the terms of the contract, the supplier undertakes to transfer the subject of the contract to the buyer, and that in turn will pay for the supply.

Legislation obliges the buyer to take safekeeping goods from which he refused, notifying the supplier of his decision. The supplier may, at his own discretion, dispose of the goods, take it back, or sell it to a third party. If the supplier does not meet the agreed deadline, then the buyer has the right to do with it at his own discretion, to implement it. If the buyer's refusal of the goods is not provided for by the terms of the contract or by law, then the supplier has the right to demand payment for the unaccepted goods.

There is also such form of the contract of delivery with the conditions of the contract of storage. The buyer can agree with the supplier that the subject of the contract is transferred to him at a certain point, and before this date the supplier assumes an obligation to store the acquired valuables. Naturally, the storage service must be paid on a fee basis.

Storage in a warehouse

Legislation allocates storage contracts in a commodity warehouse to a separate category. Essential condition of the contract of storage in a commodity warehouse is the regulation of legal relations of legal entities that carry out independent professional activity in providing warehouse services. The rule of law in this case does not regulate relations in warehouses, which are the structural subdivision of a particular enterprise.

There are two types of commodity warehouses:

• common use;
• Departmental warehouses, that is, serving certain structures, for example, military warehouses.

The departmental authorities have the right to store non-core goods, however this is a right, not an obligation.

Stock warehouses can carry out:

• Separate storage, that is, for each commodity, the owner's right to own it.
• Unallocated storage, that is, property is stored by generic characteristics, while belonging to the right of ownership to different persons. In this case, the custodian undertakes to return to the bailor an equal number of items of the same kind that was transferred for safekeeping. Such warehouses are much preferable economically, but the depositor has a big risk of getting back a thing that does not fully match the certain characteristics of the one that was deposited.

The bailor within the framework of this type of contract has the right to verify its property. If the storage is carried out under impersonal conditions, samples can be taken to verify the property transferred for safekeeping.

The condition of entering into a storage contract in a commodity warehouse may be the processing of the subject matter of the contract, for example, painting or drying, packaging.

A special kind of storage in a commodity warehouse - with the condition of its use by the custodian. Such contracts have signs of a loan, so the risk of the actual destruction of the stored property goes completely to the custodian.

Storage in a pawnshop

A pawnshop is a commercial enterprise engaged in issuing loans secured by certain things. In this case, an essential condition of the storage contract is that only the individual can act as the depositor, and only the property with a consumer purpose can be transferred to storage. The contract with the pawnshop is public, urgent, and the subject of the contract is subject to evaluation. The custodian, in this case the pawnshop, is obliged to insure the received property from the bailor in his own favor, at the full value, which was determined when assessing the subject of the contract.

Storage of valuables in a bank

This type of transaction also has a public nature. The bank must have a license to act on the storage of valuables. As the subject of the contract may be:

• securities;
• Precious stones and metals;
• Documents and other valuables.

As a confirmation of the acceptance of the property for storage, the bank issues a special nominal document to the depositor, which is the basis for the return of the valuable item. In this category, there are agreements on the provision of individual safes and cells. These agreements may provide for the possibility of the depositor to carry out certain actions with his property within the walls of the banking institution. In this case, the bank only prevents illegal entry into the premises where valuable items are stored.

There are many more types of storage contracts, both public and not. There are also complex storage contracts, for example, when transporting passengers. The storage contract can be part of not only a complex, but also a mixed contract, for example, a contract for a transport expedition, where the driver or freight forwarder will be responsible not only for the delivery of the goods, but also for its preservation until transfer to the recipient.