The Civil Code of the Russian Federation(with the Additions and Amendments of February 20, August 12, 1996,
October 24, 1997, July 8, December 17, 1999, April 16, May 15,
November 26, 2001, March 21, November 14, 26, 2002,
January 10, March 26, November 11, December 23, 2003)
Chapter 47. Storage
_ 1. General Provisions on Storage
Article 886. The Storage Agreement
1. Under the storage agreement one party (depository) shall undertake to keep the thing given to it by the other party (depositor) and to return this thing perfectly safe.
2. The storage agreement in which the depository is represented by a profit-making or an non-profit organization, which ensures storage as one of the goals of its professional activity (professional depository), may provide for the depository's obligation of accepting a thing for storage from the depositor within the period fixed by the agreement.
Article 887. The Form of the Storage Agreement
1. A storage agreement shall be concluded in writing in cases, indicated in Article 161 of this Code. For the storage agreement concluded between individuals (Subitem 2 of Item 1 of Article 161) the written form shall be observed, if the value of the thing put in storage exceeds the minimum amount of the wage or salary by at least ten months. The storage agreement, which provides for the depository's obligation of accepting a thing for storage, shall be concluded in writing, regardless of the number of the parties to this agreement and the value of the thing put in storage.
The delivery of a thing for storage under extraordinary circumstances (a fire, natural disaster, sudden illness, threat of assault, etc.) may be proved by the witness's testimony.
2. The single written form of the storage agreement shall be deemed to be observed, if the acceptance of a thing for storage is certified by the issue of the following documents by the depository to the depositor: the trust receipt, storage receipt, certificate or other document signed by the depository;
the numbered counter (check) and other sign that certifies the acceptance of things for storage, if such form of acknowledgment of the acceptance of things for storage is provided for by the law or any other legal act, or is common for this type of storage.
3. Non-observance of the simple written form of the storage agreement shall not deprive the parties of the right to refer to testimonies by witnesses in case of a dispute over the identify of the thing accepted for storage and the thing returned by the depositor.
Article 888. The Execution of the Obligation to Accept a Thing for Storage
1. The depository who has undertaken under the storage agreement the obligation of accepting a thing for storage (Item 2 of Article 886) shall have no right to demand the transfer of this thing for storage. However, the depositor who has failed to transfer a thing for storage within the period fixed by the agreement shall bear liability to the depository for the losses caused in connection with coming off storage, unless otherwise stipulated by the law or the storage agreement. The depositor shall be released from this liability, if he states to the depository that he refuses to accept his services within a reasonable period of time.
2. Unless otherwise stipulated by the storage agreement, the depository shall be released from the obligation of accepting a thing for storage in case when the thing will not be given to him in the period of time specified by the agreement.
Article 889. The Period of Storage
1. The depository shall be obliged to keep a thing during the time-limit specified by the agreement.
2. Unless the period of storage is provided for by the agreement and if it cannot be defined by proceeding from its terms and conditions, the depository shall be obliged to keep the thing until it is claimed by its depositor.
3. If the period of storage is determined by the time of claiming a thing by the depositor, the depository shall have the right to demand that the depositor should take back the thing upon the expiry of the period of storage which is usual under given circumstances and to provide to him a reasonable period of time for this. The non-execution by the depositor of this obligation shall involve the consequences, envisaged by Article 899 of this Code.
Article 890. The Storage of Things with Deprivation of Individuality
In cases, expressly provided for by the storage agreement, the things of one depositor accepted for storage may be mixed with the things of the same kind and quality belonging to other depositors (storage with deprivation of individuality). The quantity of things of the same kind and quality shall be returned to the depositor in equal amounts as specified by the parties.
Article 891. The Depository's Obligation to Ensure the Safety of a Thing
1. The depository shall be obliged to take all the measures envisaged by the storage agreement in order to ensure the safety of the thing put in storage. In the absence in the agreement of the conditions for such measures or in case of incompleteness of these conditions the depository shall also be obliged to take for the preservation of the thing measures corresponding to the business turnover usages and the substance of the obligation, including the properties of the thing put in storage, unless the necessity for taking these measures is excluded by the agreement.
2. The depository shall take measures in any case for the preservation of the thing given to him, if they are provided for by the law, other legal acts or in the manner stipulated by them (fire prevention, sanitary, protective and other measures).
3. If storage is carried out gratuitously, the depository shall be obliged to take care of the thing accepted for storage to no less extent than of his own things.
Article 892. Use of the Thing Put in Storage
The depository shall have no right to make use of the thing put in storage without the consent of the depositor and likewise to give the opportunity for its use by third persons with the exception of the case when the use of the kept thing is necessary for its preservation and does not contradict the storage agreement.
Article 893. Changes in the Conditions of Storage
1. If it is necessary to change the conditions of the storage of a thing, envisaged by the storage agreement, the depository shall be obliged to notify the depositor about this without delay and to wait for his answer. If changes in the conditions of storage are essential for the removal of the danger of the loss, shortage of, or damage to, a thing, the depository shall have the right to change the method, place and other conditions of storage without waiting for the depositor's answer.
2. If during storage there is a real threat of damage to a thing or the thing has already been damaged, or there are circumstances that do not make it possible to preserve it and if the depositor is unable to take measures in due time, the depository shall have the right to sell the thing on its own or its part thereof at the price that have formed in the place of storage. If said circumstances have arisen for the reasons for which the depository is not answerable, he shall have the right to recompense his costs of the sale at the expense of the purchase price.
Article 894. The Storage of Things with Hazardous Properties
1. Highly inflammable, explosion risky or generally dangerous things may be at any time rendered harmless or destroyed by the depository without compensation of the depositor's losses, unless the depositor failed to warn the depository about these properties when he put them in storage. The depositor shall be liable for the losses caused to the depository and third persons in connection with the storage of these things. When things with dangerous properties are transferred for storage to the professional depository, the rules envisaged by the first paragraph of this point shall be applied in case when such things were put in storage under the wrong name and the depository could not make sure of their dangerous properties by means of an external inspection.
In the event of remunerated storage in cases, provided for by this Item, the paid remuneration for the storage of things shall not be returned, and if it has not been paid, the depository may recover it in full.
2. If things accepted for storage with the knowledge and consent of the depository and indicated in the first paragraph of Item 1 of this Article, have become dangerous for people around or for the depositor's property or that of third persons, despite the observance of the conditions of their storage, and if circumstances make it possible for the depository to demand that the depositor should take them, at once or if he does not meet this demand, these things may be rendered harmless or destroyed by the depository without compensation of the depositor's losses. In such case the depositor shall bear no liability to the depository and third persons for the losses caused in view of the storage of these things.
Article 895. The Transfer of a Thing to a Third Person
Unless the storage agreement stipulates otherwise, the depository shall have no right to transfer a thing for storage to a third person without the consent of the depositor with the exception of cases where he is compelled to do so by force of circumstances in the interest of the depositor and is deprived of the possibility to get his consent.
The depository shall be obliged to inform the depositor at once about the transfer of a thing for storage to a third person.
In case of the transfer of a thing for storage to a third person the terms and conditions of the agreement between the depositor and the original depository shall retain their force and the latter shall be answerable for the actions of the third person to whom he has given the thing as for his own actions.
Article 896. Remuneration for Storage
1. Remuneration for storage shall be paid to the depository as soon as storage is over, and if payment for storage is envisaged by persons of time, it shall be paid out in appropriate portions upon the expiry of each period.
2. In case of delay in the payment of remuneration for storage for over than half of the period, for which it should be paid, the depository shall have the right to refuse the execute the agreement and demand that the depositor should immediately take the thing put in storage.
3. If storage is terminated before the expiry of the stipulated period of time due to the circumstances for which the depository is not answerable, he shall have the right to a proportionate part of remuneration and in case, specified by Item 1 of Article 894 of this Code, to the entire sum of this remuneration. If storage is terminated short of the term due to the circumstances for which the depository is answerable, he shall not have the right to demand remuneration for storage and shall be obliged to return the sum of money received on account of this remuneration to the depositor.
4. If the thing held in custody has not been taken back by the depositor upon the expiry of the period of storage, he shall be obliged to pay to the depository adequate remuneration for the further storage of the thing. This rule shall also be applied in case where the depositor is obliged to take the thing before the expiry of the period of storage.
5. The rules of this Article shall be applied, unless the storage agreement provides for otherwise.
Article 897. The Reimbursement of Storage Expenses
1. Unless otherwise stipulated by the storage agreement, the depository's expenses on the storage of a thing shall be included in remuneration for storage.
2. In case of unremunerated storage the depositor shall be obliged to compensate for the depository's necessary expenses on the storage of the thing, unless the law or the storage agreement provides otherwise.
Article 898. Extraordinary Storage Expenses
1. Expenses on the storage of things which exceed the usual expenses of this kind and which could not be foreseen by the parties during the conclusion of a storage agreement (extraordinary expenses) shall be reimbursed to the depository, if the depositor has given his consent to these expenses or has approved them afterwards, and also in other cases stipulated by the law, other legal acts or the storage agreement.
2. If there is a need for making extraordinary expenses, the depository shall be obliged to inquire about the depositor's consent to these expenses. If the depositor fails to state his disagreement within the period of time, indicated by the depository or during the normally essential time for reply, it shall be held that he agrees with the extraordinary expenses. When the depository made extraordinary storage expenses without the preliminary consent of the depositor, although this was possible thanks to the circumstances of the case and the depositor failed to approve them afterwards, the depository may demand the compensation for the extraordinary expenses only within the limits of the damage which could be caused to the thing, had not these expenses been made.
3. Unless otherwise stipulated by the storage agreement, extraordinary expenses shall be reimbursed over and above remuneration for storage.
Article 899. The Depositor's Obligation to Take a Thing Back
1. Upon the expiry of the stipulated period of storage or the period granted by the depository for the receipt of a thing back on the strength of Item 3 of Article 889 of this Code, the depositor shall be obliged to take the thing put in storage without delay.
2. In case of default on his obligation by the depositor to take back the thing transferred for storage, including in case of his evasion from obtaining the thing, the depository shall have the right, unless otherwise stipulated by the storage agreement, after the written warning of the depositor to sell the thing on his own at the price formed in the place of storage, and if the cost of the thing exceeds 100 statutory minimum amounts of wages or salaries, to sell the thing at an auction in the order, prescribed by Articles 447-449 of this Code. The sum of money received from the sale of the thing shall be transferred to the depositor minus the amount due to the depository, including his expenses on the sale of the thing.
Article 900. The Depository's Obligation to Return a Thing
1. The depository shall be obliged to return to the depositor or the person, indicated by him as a recipient, the very thing which was put in storage, unless the agreement provides for storage with deprivation of individuality (Article 890).
2. The thing shall be returned by the depository in the condition in which it was accepted for storage with due account of its natural deterioration, natural properties.
3. The depository shall be obliged, simultaneously with the return of a thing, to transfer the fruits and incomes obtained during its storage, unless otherwise stipulated by the storage agreement.
Article 901. Grounds for the Depository's Liability
1. The depository shall be liable for the loss and shortage of, or damage to, things accepted for storage on the grounds, provided for by Article 401 of this Code. A professional depository shall be liable for the loss and shortage of, or damage to, things, unless he proves that the loss, shortage or damage have taken place due to force majeure or to the properties of the thing about which the depository did not know and should nor know when he accepted it for storage or as a result of malice or gross negligence on the part of the depositor.
2. The depository shall be liable for the loss and shortage of, damage to, the things accepted for storage only in the presence of the depositor's malice or gross negligence after the onset of the latter's obligation to take these things back (Item 1 of Article 899).
Article 902. The Extent of the Depository's Liability
1. Losses caused to the depositor by the loss and shortage of, or damage to, things shall be reimbursed by the depository in keeping with Article 393 of this Code, unless otherwise stipulated by the law or the storage agreement.
2. In case of remunerated storage the losses caused to the depositor by the loss and shortage of, or damage to, things shall be reimbursed as follows: 1) for the loss and shortage of things - in the amount of the value of the lost or missing things;
2) for the damage to things - in the amount of the sum of money by which their value has been reduced.
3. In case where as a result of damage, for which the depository is liable, the quality of the thing has changed so much that it cannot be used according to the original designation, the depositor shall have the right to waive it and demand that the depository should replace the value of this thing, and also should reimburse other losses, unless otherwise stipulated by the law or the storage agreement.
Article 903. The Reparation of Losses Caused to the Depository
The depositor shall be obliged to compensate for the depository's losses caused by the properties of the thing put in storage, if the depository did not know or should not know about these properties when he accepted the thing for storage.
Article 904. The Termination of Storage on the Depositor's Demand
The depository shall be obliged to return the thing accepted for storage on the depositor's demand, although the period of storage fixed by the agreement is not over as yet.
Article 905. The Application of the General Provisions on Storage to Some of Its Kinds
The general provisions on storage (Articles 886-904) shall be applicable to some of its kinds, unless otherwise stipulated by the rules for particular kinds of storage, contained in Articles 907-926 of this Code and in other laws.
Article 906. Storage in Virtue of Law
The rules of this Chapter shall be applicable to the obligations of storage that arise by dint of law, unless the law establishes different rules.
_ 2. Warehousing
Article 907. Warehouse Storage Agreement
1. Under the warehouse storage agreement the commodity warehouse (depository) shall undertake to keep in store for remuneration goods given to it by the commodity owner (depositor) and to return these goods perfectly safe. A commodity warehouse shall be deemed to be the organization which keeps goods in store as business and which renders services relating to storage.
2. The written form of the warehouse storage agreement shall be deemed to be observed, if its conclusion and acceptance of goods for warehouse have been certified by the warehouse document (Article 912).
Article 908. Storage of Goods at the Public Warehouse
1. A commodity warehouse shall be recognized as a public warehouse, if it follows from the law, other legal acts that is a duty-bound to accept goods for storage from any commodity owner.
2. A warehouse storage agreement, concluded by the public warehouse shall be recognized as a public agreement (Article 426).
Article 909. Inspection of Goods When the Commodity Warehouse Accepts Them and During Their Storage
1. Unless otherwise stipulated by the warehouse storage agreement, the commodity warehouse shall be obliged, when it accepts goods for storage, to inspect them as its own expense and to estimate their quantity (number of units or places of storage, or measure: weight or volume) and their external appearance.
2. The commodity warehouse shall be obliged to enable the commodity owner to inspect goods or heir sapless during storage, if storage is carried our with deprivation of individuality, to take on trial and adopt measures necessary for the safety of goods.
Article 910. Changes in the Conditions of Storage and the State of Goods
1. In case where it is necessary to change the conditions of storage of goods in order to keep them safe, the commodity warehouse shall have the right to take the required measures on its own. However, it shall be obliged to notify the commodity owner about the adopted measures, if it was necessary to make essential changes in the conditions of storage of goods, envisaged by the warehouse storage agreement.
2. Upon the discovery, during storage, of damage inflicted on goods and transcending the usual norms of natural spoiling or such norms agreed upon in the warehouse storage agreement, the commodity warehouse shall be obliged to draw up a report about this without delay and on the same day inform the commodity owner about this.
Article 911. The Checking of the Quantity and the State of Goods When They Are Returned to the Commodity Owner
1. The commodity owner and the commodity warehouse shall each have the right to demand that they should be inspected and their quantity checked during their return. Expenses incurred by this shall be borne by the person who demanded the inspection of goods and their quantity check.
2. If during the return of goods to the commodity owner by the warehouse goods have not been inspected and checked by them jointly, a written application on the shortage of, or damage to, goods owning to their improper storage shall be failed with the warehouse upon the receipt of goods. As for shortage of goods or damage to them, which could not be detected with the usual method of accepting goods an application shall be failed during three days after their acceptance. In the absence of the application, referred to in the first paragraph of this Item, it shall be held, unless the contrary is proved, that goods have been returned by the warehouse in keeping with the terms and conditions of the warehouse storage agreement.
Article 912. Warehouse Documents
1. The commodity warehouse shall issue one of the following warehouse documents in the acknowledgement of accepting goods for storage: the twofold warehouse certificate;
the single warehouse certificate;
the warehouse receipt.
2. The twofold warehouse certificate consists of two parts - the warehouse certificate and the mortgage certificate (warrant), which can be separated from each other.
3. The twofold warehouse certificate, each of its two parts and the single warehouse certificate shall be securities.
4. Goods accepted for storage under the twofold or single warehouse certificate may be a subject of mortgage during their storage by means of pledge of the corresponding certificate.
Article 913. The Twofold Warehouse Certificate
1. Each part of the twofold warehouse certificate shall equally indicate: 1) the name and place of location of the commodity warehouse that has accepted goods for storage;
2) the current number of the warehouse certificate in the warehouse's register;
3) the name of the legal entity or the name of the individual from whom goods have been accepted for storage, and also the place of location (place of residence) of the commodity owner;
4) the name and quantity of goods accepted for storage - the number of units and/or commodity places and/or the measure of goods (weight or volume);
5) the period of time for which goods have been accepted for storage, if such period is fixed, or the reference to the effect that goods have been accepted for storage until to be called for;
6) the amount of remuneration for storage or the rates on the basis of which it is reckoned and the procedure for payment for storage;
7) the date of the issue of the warehouse certificate.
Both parts of the twofold warehouse certificate shall have the individual signatures of the authorized representative and the warehouse seal.
2. The document which does not comply with the requirements of this Article shall not be a twofold warehouse certificate.
Article 914. The Rights of the Holders of the Warehouse and Mortgage Certificates
1. The holder of the warehouse and mortgage certificates shall have the right to dispose of goods kept in a warehouse in full measure.
2. The holder of the warehouse certificate separated from the mortgage certificate shall have the right to dispose of goods, but may not take them from the warehouse until he repays the credit granted under the mortgage certificate.
3. The holder of the mortgage certificate who differs from the holder of the warehouse certificate shall have the right to pledge to goods in the amount of the credit given under the mortgage certificate and interest on it. When goods are put in pledge, a note on this shall be made in the warehouse certificate.
Article 915. The Transfer of Warehouse and Mortgage Certificates
A warehouse certificate and a mortgage certificate may be transferred together or separately according to endorsements.
Article 916. The Issue of Goods under the Two-fold Warehouse Certificate
1. The commodity warehouse shall issue goods to the holder of the warehouse and mortgage certificates (twofold warehouse certificate) precisely in exchange for both these certificates together.
2. The holder of a warehouse certificate who does not possess a mortgage certificate, but has contributed the entire sum of debt under it shall receive goods from the warehouse precisely in exchange for the warehouse certificate and provided that he has submitted together with it the receipt of the payment of the entire sum of debt under the mortgage certificate.
3. The commodity warehouse, which has issued goods to the holder of a warehouse certificate who does not possess a mortgage certificate and has failed to bring in the amount of debt under it contrary to the requirements of this Article, shall bear liability to the holder of the mortgage certificate for payment of the entire sum of money secured by it.
4. The holder of the warehouse and mortgage certificates shall have the right to demand the issue of goods in parts. In exchange for the original certificates he shall be given new certificates for goods that remained in the warehouse.
Article 917. The Simple Warehouse Certificate
1. A simple warehouse certificate shall be issued to the bearer.
2. The simple warehouse certificate shall contain information, specified by Subitems 1, 2, 4-7 of Item 1 and the last paragraph of Article 913 of this Code, and also reference to the fact that it has been issued to the bearer.
3. The document which does not comply with the requirements of this Article shall not be a simple warehouse certificate.
Article 918. The Storage of Things with the Right to Dispose of Them
If it follows from the law, other legal acts or the agreement that the commodity warehouse can dispose of goods put in storage, the relations between the parties shall be governed by the rules of Chapter 42 of this Code on Loans, but the time and place of the return of goods shall be determined by the rules of this Chapter.
_ 3. Special Kinds of Storage
Article 919. Storage in a Pawnshop
1. The agreement of pawnshop storage of things belonging to an individual shall be a public agreement (Article 426).
2. The conclusion of a pawnshop storage agreement shall be certified by the issue by the pawnshop to the depositor of a registered deposit receipt.
3. A thing to be put in storage in a pawnshop shall be subject to valuation under the agreement of the parties in accordance with prices for things of this kind and quality, usually adopted in trade at the time and place of their acceptance for storage.
4. The pawnshop shall be obliged to insure the things accepted for storage in favour of the depositor at its expense in the full amount of the valuation made in keeping with Item 3 of this Article.
Article 920. Things Not Reclaimed from the Pawnshop
1. If a thing out in storage in a pawnshop has not been reclaimed by the depositor within the time specified by the agreement, the pawnshop shall be obliged to keep it during two months and to charge payment, provided for by the storage agreement. Upon the expiry of this time the non-reclaimed thing may be sold by the pawnshop in the procedure, established by Item 5 of Article 358 of this Code.
2. Payment for the storage of the non-reclaimed thing and other payments due to the pawnshop shall be repayed from the sum of money, received from the sale of this thing. The remainder of the sum shall be returned by the pawnshop to the depositor in question.
Article 921. The Custody of Valuables in a Bank
1. The bank may receive securities, precious metals and stones, other valuables and values, including documents, into its custody.
2. The conclusion of an agreement on the custody of valuables in a bank shall be certified by the issue by it to the depositor of a registered protection document whose presentation is a ground for the issue of kept valuables to the depositor.
Article 922. The Custody of Valuables in the Individual Bank Safe-deposit Box
1. The valuables bank custody agreement may provide for their custody with the use of an individual bank safe-deposit box (safe cell or isolated bank premise) by the depositor (client) or with the provision of such safe-deposit box protected by the bank. Under the valuables bank custody agreement the client shall be provided with the right to put valuables in an individual bank safe-deposit box and withdraw them from it. For this purpose he shall be given a key to the safe and the card that makes it possible to identify the client or any other sign or document certifying the client's right to have access to the safe and its contents.
The agreement terms may provide for the client's right to work in the bank with valuables kept in the individual safe.
2. Under the valuables bank custody agreement with the use by the client of an individual date-deposit box the bank shall accept from the client the valuables which should be kept in the safe and exercise control over their placement by the client in the safe-deposit box, over their withdrawal from the safe and return them to the client after the withdrawal.
3. Under the valuables bank custody agreement with the provision of the client with an individual safe-deposit box the bank shall enable the client to place valuables in the safe and to withdraw them from the safe outside anybody's control, including bank control. The bank shall be obliged to exercise control over the access to the premise where the safe-deposit box given to the client is situated.
Unless the valuables bank custody agreement with the provision of the client with an individual safe-deposit box provides for otherwise, the bank shall be released from the liability for the non-safety of the safe's contents, if it proves that access by anybody to the safe was impossible under the custody terms without the knowledge of the client or was possible due to force majeure.
4. The rules of this Code on the lease agreement shall be applicable to the agreement on the provision of another person with a bank safe-deposit box for his use without the bank's liability for the safe's contents.
Article 923. Storage in Cloak-Rooms of Transport Organizations
1. The cloak-rooms under the authority of transport organizations of public use shall be obliged to accept for storage the things of passengers and other private persons, regardless of the possession of travel documents. The agreement on the storage of things in the cloak-rooms of transport organizations shall be recognized as a public agreement (Article 426).
2. A receipt or numbered counter shall be issued to the depositor in acknowledgement of the acceptance of a thing for storage in a cloak-room (except for automated cloak-rooms). In case of the loss of a receipt or counter, the thing left in the cloak-room shall be issued to the depositor upon the submission of evidence that this thing belongs to him.
3. The period of time during which the cloak-room is obliged to keep things in store shall be determined by the rules, introduced in keeping with the second paragraph of Item 2 of Article 784 of this Code, unless the agreement between the parties stipulates a longer period. Things which have not been reclaimed in said period of time shall be kept by the cloak-room for 30 days more. With the expiry of this period non-reclaimed things may be sold in the procedure, envisaged by Item 2 of Article 899 of this Code.
4. The losses of the depositor owing to the loss and shortage of, or damage to, the things deposited in a cloak-room shall be reimbursed by the custodian during 24 hours since the time of presenting a claim for these things within the sum of their appraisal by the depositor at the time of depositing.
Article 924. Storage in the Wardrobes of Organizations
1. The storage of things in the wardrobes of organizations shall be gratuitous, unless money reward is specified or stipulated in any other way when things were put in storage. The custodian of the thing left in a wardrobe shall be obliged to take all the measures, provided for by Items 1 and 2 of Article 891 of this Code, in order to preserve the thing, regardless of the fact whether its storage was gratuitous or remunerated.
2. The rules of this Article shall also be applied to the custody of outwear, head gear and other similar things left without putting them in storage by private persons in places used for these purposes in transport organizations and facilities.
Article 925. The Custody of Things in Hotels
1. The hotel shall also be liable as a custodian without the conclusion of a relevant agreement with its guest residing in it for the loss and shortage of, or damage to, his things brought into the hotel with the except of money, other currency values, securities and other valuables. The thing entrusted to hotel attendants or the thing deposited in a hotel room or in any other specially assigned place shall be regarded as the one brought into the hotel.
2. The hotel shall be liable for the loss of money, other currency values, securities and other valuables of a guest, provided they have been accepted by the hotel safe, regardless of the fact whether this safe is to be found in his room or in another hotel premise. The hotel shall be released from liability for the non-safety of the safe's contents, if it proves that under the storage terms the access of any body to the safe was impossible without the guest's knowledge or became possible owing to force majeure.
3. The guest who has discovered that his things were lost or damaged shall be obliged to state about this to the hotel management without delay. Otherwise the hotel shall be released from its liability for the non-safety of things.
4. The hotel's notice to the effect that it does not assume the responsibility for the non-safety of things belonging to guests shall not absolve it from liability.
5. The rules of this Article shall be applied accordingly to the custody of things belonging to private persons in motels, holiday homes, holiday hotels, sanatoria, public baths and other similar organizations.
Article 926. The Custody of Things Which Are the Subject of Disputes (Sequestration)
1. Under the agreement on sequestration two or several persons who have started an argument over the right to a thing shall pass this thing to the third person who assumes the obligation of returning, upon the settlement of the dispute, of the thing to that person to whom it will be adjudged or given under the agreement of all the persons in dispute (contractual sequestration).
2. A thing that is the subject of argument between two or several persons may be put in storage by way of sequestration by a court decision (judicial sequestration). Both the person appointed by a court of law and the person, chosen by the mutual agreement of the persons in dispute, may act as a custodian under the judicial sequestration. The custodian's consent shall be required in both cases, unless the law establishes otherwise.
3. Both movable and immovable things may be put in storage by way of sequestration.
4. The custodian who keeps a thing in store by way of sequestration shall have the right to receive remuneration at the expense of the persons in dispute, unless the agreement or the court decision responsible for sequestration provides for otherwise.
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