What are the rights and obligations of the custodian in the storage contract

Updated on society 2024-03-20
4 answers
  1. Anonymous users2024-02-07

    1. For the storage of flammable, explosive, toxic, corrosive, radioactive and other dangerous goods or perishable goods, the stockist shall explain the nature of the goods and provide relevant information. If the stockist violates the provisions of the preceding paragraph, the custodian may refuse to accept the warehousing and may also take corresponding measures to avoid the occurrence of losses, and the expenses incurred therefrom shall be borne by the stockholder.

    2. If the custodian finds that there is deterioration or other damage to the warehousing items, which endangers the safety and normal storage of other warehousing items, the custodian may make necessary disposals due to the urgency of the situation.

    3. If the parties have not agreed on the storage period or the agreement is not clear, the custodian may also require the stockholder or the holder of the warehouse receipt to withdraw the stored goods at any time, but the necessary preparation time shall be given.

    4. If the stockholder or the holder of the warehouse receipt is late in the withdrawal, the storage fee shall be charged. If it is withdrawn in advance, the storage fee will not be reduced.

    5. If the stockholder or the holder of the warehouse receipt does not withdraw the warehousing after the expiration of the storage period, the custodian may urge it to withdraw within a reasonable period of time, and if it does not withdraw within the time limit, the custodian may withdraw the warehousing.

    6. Deterioration or damage of the stored goods due to the nature of the stored goods, the packaging does not conform to the agreement or exceeds the effective storage period.

    The custodian shall not be liable for damages.

    The obligations of the custodian in the warehousing contract are:

    1. The custodian shall inspect and accept the warehousing items in accordance with the agreement. If the custodian discovers that the warehousing items are inconsistent with the agreement during acceptance, the depositor shall be notified in a timely manner. After acceptance by the custodian, if the variety, quantity and quality of the stored goods do not conform to the agreement, the custodian shall be liable for damages.

    2. If the depositor delivers the warehousing goods, the custodian shall pay the warehouse receipt. The custodian shall sign or seal the warehouse receipt.

    3. The custodian shall, at the request of the stockist or the holder of the warehouse receipt, agree to inspect the stored goods or take samples.

    4. If the custodian finds that the stored goods are deteriorated or otherwise damaged, he shall promptly notify the stockist or the holder of the warehouse receipt.

    5. If the custodian finds that there is deterioration or other damage to the warehousing goods, which endangers the safety and normal storage of other warehousing materials, he shall urge the stockist or the warehouse receipt holder to make necessary disposals. Due to the urgency of the situation, the custodian may make necessary dispositions, but shall promptly notify the stockholder or the holder of the warehouse receipt of the situation afterwards.

    6. If the parties have not agreed on the storage period or the agreement is not clear, the stockholder or the holder of the warehouse receipt may withdraw the stored goods at any time, but the necessary preparation time shall be given.

    7. During the storage period, if the stored goods are damaged or lost due to the custodian's improper storage, the custodian shall be liable for damages.

    Basis: the relevant provisions of Chapter 20 of the Contract Law.

  2. Anonymous users2024-02-06

    a) The rights of the custodian.

    1. The right to claim storage expenses.

    2. The right to claim damages.

    3. Lien.

    4. Deposit and withdrawal.

  3. Anonymous users2024-02-05

    The obligations of the custodian in the warehousing contract mainly include:

    1. The obligation to accept and accept the goods of the stockist;

    2. Hazard notification obligation;

    3. Obligation to pay warehouse receipts;

    4. The obligation to store and keep the stored goods;

    5. The obligation to return the stored goods of the imitation Naisheng stored;

    6. The obligation to allow the stockist to inspect and take samples.

    Legal basisArticle 907 of the Civil Code.

    The custodian shall inspect and accept the warehousing items in accordance with the agreement. If the custodian finds that the storage and storage of the goods are inconsistent with the agreement during acceptance, the depositor shall be notified in a timely manner. If the variety, quantity and quality of the stored goods do not conform to the agreement after acceptance by the custodian, the custodian shall be liable for compensation.

    Article 912.

    If the custodian discovers that the warehousing items have deteriorated or otherwise damaged, he shall promptly notify the stockist or the holder of the warehouse receipt.

  4. Anonymous users2024-02-04

    Legal analysis: 1. The right to claim storage expenses. 2. The right to claim damages. 3. Lien. 4. Right of deposit.

    Legal basis: Civil Code of the People's Republic of China

    Article 904: A warehousing contract is a contract in which the custodian stores the warehousing goods delivered by the depositor, and the depositor pays the storage fee falsely.

    Article 905 A storage contract shall be formed when the intention of the custodian and the depositor are unanimous.

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