Storage Obligations
By: Date: 06.11.2020 Categories: Storage

Business idea: custody warehouse

1. Remuneration for storage must be paid to the custodian at the end of storage, and if payment for storage is provided for by periods, it must be paid in appropriate installments after each period.

2. In case of delay in payment of remuneration for storage for more than one second period for which it must be paid, the custodian has the right to refuse to fulfill the contract and to demand from the depositor to immediately pick up the thing deposited for storage.

3. If storage is terminated before the expiration of the stipulated period for incidents for which the custodian is not liable, he shall have the right to a proportionate part of the remuneration, and in the case provided for in paragraph one of article eight hundred ninety-four of the real Code, for the entire amount of the remuneration.

If storage is terminated ahead of schedule due to incidents for which the custodian is liable, he shall not be entitled to seek remuneration for storage, and the amount acquired as a result of this remuneration must be returned to the depositor.

4. If, after the expiration of the storage period, the thing in storage has not been taken back by the depositor, he shall pay the custodian a proportionate remuneration for the forthcoming storage of the thing. This rule also applies when the depositor must pick up the item before the expiration of the storage period.

5. The rules of the true article shall be used unless otherwise provided by the storage contract.

1. The storage contract is one of compensation. It is worth noting that this rule is not directly enshrined in any of the articles of the commented chapter of the Civil Code of the Russian Federation. However, in accordance with paragraph Three of Art. Four hundred twenty-three codes of the contract is assumed to be onerous, unless otherwise provided by law, other legal acts, content or essence of the contract. Thus, the condition of storage free of charge should be sufficiently clearly expressed by the parties at the conclusion of the contract.

On the contrary, for the special case – storage in the wardrobes of organizations – the opposite presumption has been established: storage in the wardrobes of organizations is supposed to be free of charge if the fee for storage is not agreed upon or otherwise is not stipulated when the item is deposited.

Legal relations of gratuitous storage, comparable to a gratuitous commission, are often not recognized in practice, and the consequences of the loss, shortage or damage of things accepted for storage, in such cases it is customary to determine on the basis of the norms on tort obligations. This is not true, since the relationship of gratuitous storage, not even clothed in the form of a written contract (Article eight hundred eighty-seven Civil Code), is a contractual obligation and fall under the scope of regulation of Ch. Forty seven Civil Code.

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