Reference:
Garyaeva, E.U..
Problems of defining the contents of legal relations
forming when the banks provide for usage their
safety deposit boxes
// Actual problems of Russian law. – 2014. – ¹ 3.
– P. 410-416.
Read the article
Abstract: Analysis of the norms regulating keeping of valuables at a bank, and contractual constructions (such
as rent and storage), banking rules and contract forms used by a number of credit organizations in order to
establish de-facto contents of legal relations, which are formed between a bank and a client regarding keeping
valuables in a safety deposit box of a bank. The study of the categories “individual bank safe”, “safety deposit
box” mentioned in Art. 922 of the Civil Code of the Russain Federation based upon the analysis of the laws,
by-laws and normative technical acts. The methodological basis for the study was formed by the methods of
the private law: comparative legal studies, logical, systemic analysis, synthesis, analogy. The theoretical basis
for the studies was formed by the works of civil law scholars in the sphere of general theory of obligations and
contract law: Agarkov M.M., Ioffe, O.S., Tal, L.S., Antimonov, B.S., Braude, I.L., Grave, K.A., Novitsky, I.B., Zimileva,
M.V., Efimova, L.G. As an empiric material the author used the forms of contracts and rules used by credit
organizations when providing services for provision and use of bank safety deposit boxes. The author made
a conclusion on the presence of the theoretical and practical problems in the sphere of application of Art.
922 of the Civil Code of the Russian Federation due to the absence of an unified approach to the category of
“bank safe” in part of use of constructions for the storage and rent contracts in the contracts for the relations
between the bank and the client regarding placement of valuable in a storage box. The author establishes the
untypical legal nature of relations between a bank and a client in the situation of placement of valuables in a
bank deposit box. The author then formulates the contents of such a relation.
Keywords: individual bank safe, safety deposit box, bank vault, contract of rent, contract for safekeeping, contract for the storage, irregular storage, keeping of valuables, security of valuables, responsibility of the bank.
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