TEXTS OF BOOKS ARE OWNED BY THE FOLLOWERS AND LOCATED FOR ACKNOWLEDGMENT Article 892. Use of a thing transferred for storage.
Article 892. Use by a thing transferred for storage
The custodian is not entitled without the consent of the depositor to use the thing transferred for storage, as well as to provide the possibility of using it to third parties, except for the option when the use of the stored thing is necessary to ensure its safety and does not contradict the storage agreement.
Commentary on Article 892
In accordance with the true article, the custodian does not have the right to use the property transferred to him for storage, if this is not provided for by the contract. Even in cases where the use of the property does not entail any special changes in the external appearance, deterioration of its condition (for example, when reading books accepted for storage), the depositor’s consent is necessary.
Sometimes the law provides for the right to use stored things. So, according to Art. Three hundred and seventy-four CCPs, the keeper may use the property of the debtor transferred for storage if, by the properties of things, the use of them does not lead to the destruction or reduction of their value. Otherwise, the prohibition of the use of property must be specifically stipulated in the inventory certificate.
This article establishes the right to use the stored thing in case it is necessary to ensure its safety, in other words we are talking about actions in the interests of the depositor.
Under a storage agreement, property is transferred to the custodian for temporary possession, and not for use. Therefore, the agreement on the gratuitous use of property and the storage agreement, under which the custodian is granted the right to use the property, are not identical.
There are two points of view on the legal nature of the use by the keeper of the things transferred to him for storage.
According to the first, the inadmissibility of the storage obligation implies the inadmissibility of the use of things to be stored. If the custodian is granted the right to use the contract, then instead of storage there is a loan or property lease, it seems that the parties themselves did not name their relationship.
Another point of view is that when the custodian is granted the right …