Types and elements of a storage agreement fixed in the Civil Code. In a general sense, by agreement, one participant transfers a certain thing to another. The latter, in turn, accepting it, agrees to keep and return it at the appointed time in its original condition. Let us consider in more detail the features of the agreement. 
General information
Legal characteristic of the storage contract will depend on whether it is in the field of entrepreneurship or not. In the general civil sense, the agreement is real, unilateral. Corresponding signs storage contract conceptabove.
If it is not executed as part of entrepreneurial activity, then the entity receiving the thing does not receive any remuneration. If, on the one hand, a commercial enterprise acts as an individual entrepreneur, carrying out relevant activities on a professional basis, the agreement may establish the obligation to accept the thing from the depositor within the agreed time. In such cases, usually custody agreement. Gratuitous type of transaction is drawn up between ordinary citizens.
Features
In general, any entities may act as parties to a transaction. Commercial organizations for which storage is the main activity should be licensed. In some cases, the transaction is public. For example, this category includes an agreement on the transfer of things to the storage room of a transport company. The law allows the execution of an agreement by joining the depositor to the transaction, the terms of which are expressed in standard forms.
Nuances
Storage may arise from contractual terms or legal provisions In the latter case, the obligation arises upon the occurrence of circumstances enshrined in law. In practice, such types of storage agreement quite common. For example, such agreements may include the contents of the find (article 227 of the Civil Code), homeless animals (Article 230), unordered products (Article 514), hereditary property (Article 1172), etc. General rules apply to such transactions if the legislation does not establish other requirements.
Classification
Legislation provides for variousstorage contract id. Each of them has its own characteristics. One of the most common agreements is a contract for storage of goods in a warehouse. It can be concluded by enterprises with an extensive network of branches. Often, separate units, just starting out, do not have their own premises for the maintenance of products. Branch concludes temporary storage contract with organizations that have the necessary space. At the initial stages of work, it is economically more profitable than building your own hangars.
The legislation provides for and special types of storage agreement. For example, Article 924 of the Code speaks about the contents of things in wardrobes. Registration of the agreement is carried out by providing a token, number plate or other sign. The contract will be deemed concluded even if the citizen left his thing not in the wardrobe, but in a special room in which there are hangers. The subject accepting the clothing has the right to refuse to return it if he has doubts about the identity of the depositor.In such a situation, he may require proof of ownership of the thing. Other types include storage in:
- Pawnshop.
- The bank.
- Left-luggage offices of transport enterprises.
- The hotels.
Essential condition
Acts as him subject of storage agreement. It is logical that in its absence there can be no transaction. The storage service agreement provides for the transfer of things, money and securities, including. According to general rules, an object should be classified as movable property. Only an individually defined thing must be transferred without fail. This rule does not apply to all types of storage agreement. For example, one of them is regulated by Article 926 of the Civil Code. As indicated in paragraph 3 of the rule, for sequestration, the use of immovable objects is also allowed. In other cases, any actions aimed at ensuring the safety of real estate are committed within the framework of legal relations regulated by Chapter 39 of the Code.
Things with depersonalization
Objects identified by descent cannot act as things transferred to storage. Nevertheless, there are exceptions to this rule in both Roman and modern domestic law. It has already been said that there are special types of storage agreement. These include, in particular, agreements on which things are transferred with depersonalization. The essence of such a transaction is that objects received from one depositor may be mixed with other items received from another participant in the transaction. Upon the expiration of the established period or upon the occurrence of the agreed circumstances, the subject shall be returned an equal or established by the parties quantity of things of the same quality and kind. An example would be a contract for storage of goods in a warehouse when bulk products (grain, flour, etc.) or vegetables, fruits, and so on are the products.
Term
It is not considered an essential condition for a civil transaction. According to the provisions of Article 889 of the Civil Code, the subject receiving the item must keep it for the period agreed upon with the other participant. If the period is not set by the parties and it cannot be determined based on the terms of the transaction, the thing is stored on demand by the depositor. If the term is determined by such a moment, after it expires, the party who has the item must demand that the other party to the transaction pick it up within a reasonable time period. If this obligation is not fulfilled, the consequences set forth in paragraph 2 of the 899th article of the Civil Code occur. If a storage agreement is drawn up between legal entities, the term condition is considered essential.
Duties
According to Article 888, they are provided for only one party to the transaction - the custodian. He, as paragraph 1 of the norm indicates, is obliged to accept the thing. This indicates a lack of right to demand the transfer of the item. At the same time, the norm refers to the obligation of the depositor to compensate for losses incurred as a result of a failed transaction, unless otherwise provided by agreement or legislation. Compensation for losses acts in this case as a form of liability. This circumstance is essential. 
Safekeeping
Due to the fact that the obligation to indemnify is a form of ordinary civil sanction, then:
- Losses from the transfer of things, by virtue of the 393rd and 15th articles, are fully compensated. Subject to compensation, including lost profits and real harm.
- The obligation to compensate for losses arises only if there is a violation of the debtor-bailor committed through his fault (if he is an entrepreneur, then regardless of fault).
- An indication that the owner of the thing is exempted from liability upon timely (completed within a reasonable time) notification of the receiving entity that the item will not be transferred to him contrary to the agreement is considered not the only, but only an additional reason for exemption from the obligation. In addition to him, there are conditions provided for by Article 401 of the Civil Code in paragraph 3.
- The parties may use the penalty as a security measure in relation to the obligation of not only the custodian, but also the depositor.
- The 888th article in paragraph 2 stipulates a case of delay in performance. In this regard, in accordance with Art. 405 (p.2), the creditor (the person to whom the thing is transferred), can not only refuse to accept late execution, but also demand compensation for losses incurred.
- The rule established in paragraph 2 of the 405th article does not always apply. In particular, it does not apply to cases enshrined in paragraphs 1 and 2 of the 888th norm.
Appropriate measures
Everything types of storage agreement assume the obligation of the receiving entity to take actions to prevent damage to the thing transferred (although such requirements may not be in the agreement itself). The corresponding rule is enshrined in Article 891 of the Code.
If the agreement does not explicitly establish such requirements, the custodian must take appropriate measures consistent with the substance of the transaction and the customs of circulation, as well as with the properties of the object received. However, in any case, he is obliged to perform the actions provided for by law, regulatory or other acts.
In particular, we are talking about fire, sanitary and other general measures. The legislator allocates free storage in paragraph 3 of the 891st article of the Code to reduce liability by narrowing the number of circumstances in which it occurs. The subject to whom the thing is transferred must take care of it no less than about its own property. The 892nd article fixes the opportunity to issue storage agreement with the right to use. If the agreement does not directly establish the possibility of operating the facility, then it is carried out exclusively with the consent of the owner (depositor). 
Grounds and procedure for changing the terms of the transaction
These issues are governed by Article 893 of the Code. If there is a need to change the storage conditions established by the contract, the entity with whom the thing is located must immediately notify the depositor about it. The specified norm establishes the obligation of the subject to wait for a response from the counterparty. If the change in conditions is caused by the need to eliminate the threat of damage or loss of the object, the custodian can do this without the consent of the depositor.
So, in the event of such a danger, he is entitled to independently realize the thing (or part of it) at the cost prevailing in the area. The subject can perform a similar action under other circumstances that do not allow ensuring the safety of the item, and for one reason or another, measures cannot be expected from the depositor.
Dangerous objects
When depositing such things, the depositor is obliged to notify the counterparty about their properties. In case of violation of this requirement, he will be responsible for the consequences, including death / damage to property, causing damage to the entity that accepted the objects. Sanctions will be applied in case of harm to third parties. Article 894 provides for various cases in which the entity that has accepted hazardous facilities is obliged to destroy or render harmless them. Differentiation of situations is based on the principle of guilt and a reasonable distribution of the danger of an accidental occurrence of the corresponding consequences between the parties to the transaction.
Personal Enforcement Requirement
As a rule, things are transferred to safekeeping to those subjects whose individual characteristics are known to the depositor. In this regard, Article 895, establishing the requirement of obtaining the consent of the owner of the object to transfer it to a third-party citizen / enterprise, proceeds from the principle of personal fulfillment of the terms of the transaction. However, exceptions have been made from this requirement. The first concerns cases where the transfer of a thing to an external entity was carried out in the interests of the depositor, and the second concerns situations where it was not possible to obtain consent. The burden of proof of these circumstances rests with the custodian. He also bears the risk of untimely notification of the transfer of the depositor's belongings to a third party. 
Remuneration
It is carried out in accordance with Art. 896.The established order is dispositive. This means that participants in the transaction are given the opportunity to independently determine the terms of payment of remuneration. According to the general principle of settlements, payment is made upon completion of the service for the entire retention period of the item or individual periods. The parties may provide for an advance payment condition, which, if appropriate circumstances may arise, may become a deposit. The keeper has the right to refuse to execute the transaction and require the owner of the thing to immediately pick it up if the latter fails to pay for more than half the period specified by the agreement.
Early termination
Its consequences will depend on who exactly terminates the transaction and for what reason. If the custodian does this in connection with circumstances for which he is not responsible, he shall be entitled to a proportionate portion of the payment. If the reason for the termination of the relationship was the failure of the depositor to report on the dangerous properties of the object, then the subject who accepted it can expect to receive the full amount of the reward. If the custodian is guilty of the onset of circumstances, he shall not be entitled to any payments. Moreover, all that he received, he must return.
Costs
In the case of gratuitous storage, the depositor must compensate the entity that accepted the thing for the costs of its maintenance, unless otherwise provided by law or the contract. By consensual agreement, expenses are also reimbursable. However, since such an agreement is deemed to be onerous, the costs are included in the consideration. The corresponding rule is enshrined in Article 897 of the Code.
Separately, extraordinary expenses are allocated in the legislation. They mean costs that exceed normal costs that the parties to the transaction could not have foreseen when concluding the agreement. The obligation to compensate them lies with the depositor only upon receipt of his consent to it or if it follows from the law or other legal act. If we are talking about a reimbursable contract, then extraordinary costs are reimbursed in addition to other costs. 
Consequences of default by the depositor
They are provided for in Article 899 of the Code. The norm, in particular, refers to the consequences of failure to fulfill an obligation to take a thing back. This is a situation in which the subject did not agree with the custodian the extension (continuation) of the contract for the next term. The consequences, fixed by Article 899, are applied only after not only the main, but also the additional reasonable period provided by the counterparty was missed. The depositor is obliged upon the expiration of the agreed storage period to pick up the thing given.
In case of failure to comply with this requirement, the counterparty must notify him in writing of the circumstances. After this notification, in case of non-receipt of an answer or evasion of it, the keeper may sell this thing at the cost prevailing in the given area. If the price of the object is more than 100 minimum wages, the sale is carried out at auction. The amount received from the sale must be transferred to the depositor. At the same time, the remuneration and expenses incurred by the counterparty, including the sale, are deducted from it.
Consequences of default by the custodian
As the 900th article of the Civil Code indicates, the subject who accepted the thing must return it in the same condition in which it was transferred, and in the case of an agreement with depersonalization - the same object. In case of violation of the obligation in both the first and second cases, the depositor has the right to sue demanding to fulfill the obligation in kind, in accordance with Art. 396 of the Code. According to paragraph 2 of this rule, compensation by the custodian (debtor) of losses exempts him from the execution of the contract, unless otherwise provided by law or agreement. 
Sanctions Terms
The 901st article of the Civil Code is devoted to them.Basically, the provisions of the norm coincide with the general rules for the occurrence of liability in case of default. Along with this, there are some differences. In particular, increased responsibility (coming without fault) is not charged to any custodian-entrepreneur, but only to a professional. It is provided, for example, for a bank, pawnshop, etc. In addition, the limits of liability are narrowed to a certain extent for a professional keeper. As a basis for liberation from it, the subject can use references not only to force majeure, gross negligence, intent of the depositor. He also has the right to indicate that the shortage, damage, loss of a thing was due to its properties, which the custodian was not aware of and should not have been.