WHO BARES RESPONSIPLE FOR THE LOSS OF THE PROPERTY GIVEN TO THE STORAGE? 1. Does the organization bare responsibility in case of loss of the property given to the storage of it? According to the 2nd point of the Article 851 of Civil Code of RA The bailee of property given to a coat check, regardless of whether the storage is conducted for compensation or without compensation, has the duty to take, for ensuring the safekeeping of the property and return it in good conditions. The rules of the present Article shall be applied also to the storage of outer cloths, headgear, and other similar property left without submission of them for storage by citizens in places established for these purposes in organizations and means of transport. It is interesting that the legislative body has articulated that if storage is conducted without compensation, the bailee has the duty to care for the property accepted for storage not less than for its own property (Article 818).
The legislative body considers as mandatory condition that the pawnshop has the duty to insure the property accepted for storage for the benefit of the bailor at the pawnshop's expense for the full amount of their valuation. If property submitted for storage in a pawnshop is not claimed by the bailor within the time period agreed with the pawnshop the pawnshop shall be obligated to store it for a month, taking the payment for this provided by the contract of storage. At the expiration of this time period the unclaimed property shall be sold at auction by the procedure established by the statute on public auctions.
3. Storage of Valuables in a Bank and in an Individual Bank Safe.
Current legislation gives opportunity to banks to accept for storage not only commercial paper and securities, precious metals and stones but also other high-priced property and other valuables including documents. The transfer of the valuables to the storage of the bank shall be confirmed by the issuance by the bank to the bailor of a named storage document, presentation of which shall be the basis for the issuance of the stored valuables to the bailor. Under the contract of storage of valuables in an individual bank safe, the client is given the right to itself place the valuables in the safe and to remove them from the safe. For this it must be given a key to the safe, a card allowing identification of the client, or other symbol or document confirming the right of the client of access to the safe and its contents. Unless the contract of storage of valuables in the bank with provision to the client of an individual bank safe provides otherwise, the bank shall be freed from liability for failure to keep safe the content of the safe if it proves that under the conditions of storage access of anyone to the safe without the knowledge of the client was impossible or became possible as the result of force majeure.
Under the contract of warehouse storage, a goods warehouse (the bailee) undertakes the duty for remuneration to store goods transferred to it by a goods-possessor (the bailor), and to return these goods in a safely kept condition.
The goods warehouse shall issue in confirmation of the acceptance of the goods for storage one of the following warehouse documents: 1) a double warehouse certificate; 2) a simple warehouse certificate; 3) a warehouse certificate. Goods accepted for storage under a double or simple warehouse certificate may, during the time period of their storage, be the subject of pledge by the pledge of the respective certificate. The written form of the contract of warehouse storage shall be considered observed if its concluding and the acceptance of the goods at the warehouse is evidenced by a warehouse document. |