Garyaeva, E.U. Problems of defining the contents of legal relations forming when the banks provide for usage their safety deposit boxes

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.

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