Storage of Things Without a Contract
By: Date: 06.07.2020 Categories: Storage

Contract for the gratuitous provision of services and other gratuitous contracts

ยง 1. General provisions for storage

Article 886. Storage Contract

1. Under a storage agreement, one party (the keeper) undertakes to keep the thing transferred to it by the other party (depositor) and to return this thing intact.

2. In the storage agreement, in which the custodian is a commercial organization or non-commercial organization carrying out storage as one of the goals of its own professional activity (professional custodian), the custodian may be required to accept storage from the depositor within the time period stipulated by the contract.

Section 887. Form of a Storage Contract

1. The storage contract must be concluded in writing in the cases referred to in Article 100 sixty-one of the real Code. For all this, for a storage contract between citizens (subparagraph two paragraphs one of Article 161), compliance with the written form is required if the price of the thing transferred for storage exceeds the minimum wage established by law more than ten times.

A storage agreement providing for the custodian’s obligation to accept a thing for storage must be concluded in writing, regardless of the composition of the participants in this agreement and the value of the thing transferred for storage.

The storage of things in extraordinary circumstances (fire, natural disaster, sudden illness, threat of attack, etc.) can be proved by testimony.

2. A simple written form of the storage agreement is considered to be complied with if the acceptance of the thing for storage is certified by the depository by issuing to the depositor:

security receipt, receipt, certificate or other document signed by the custodian –

a numbered token (number), another sign certifying the acceptance of things for storage, if such a form of confirmation of the acceptance of things for storage is provided by law or another legal act or is usual for this type of storage.

3. Failure to comply with the simple written form of the storage agreement does not deprive the parties of the right to invoke evidence in the event of a dispute about the identity of the item accepted for storage and the item returned by the custodian.

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