Research On Warehousing Contract

On October 15,1985 the State Council authorized to issue "Warehousing Storage Contract Executive regulation", this regulation implementation enormously impelled the warehousing storage industry development, promoted the cargo circulation.Hereafter, also had February issued in, 1987 "Chemistry Dangerous goods Safety control Rule", in, 1988 has October issued "Commercial Storage management Means".On March 15, 1999, the ninth session of National People's Congress second conference passed "the People's Republic of China Law of contract", in which 20th chapter of unique seal had stipulated the warehousing contract, this symbolized our country stores in a storehouse the contract legislation to move towards gradually is mature and is perfect.In addition to the full text of the introduction and conclusion, is divided into four parts:The first part of this paper, the concept of a storage contract, from the definition of the characteristics of the different types of analysis. Warehousing contracts referred to the definition of who is the custodian of the warehouse inveatory from storage inventories to meet storage contracts. Storage contracts axe : (1) storage custodians have to be engaged in warehousing and storage equipment business owners who are eligible. (2) the custody of the object is movable storage, warehousing real estate can not be the subject of the contract. (3) inventory of the right to request delivery of the goods or return to the list of documents, with a list of the storage of documents of title role. According to different standards, warehousing contracts can be divided into : (1) the duration of the contract and no time limit for storage, warehousing contract. (2) the contract for warehousing and general cargo of dangerous goods, perishable goods warehousing contract. (3) contracts and without insurance, the insurance contract. (4) general storage warehouse contracts and special contracts.The second part of the establishment and nature of the warehousing contract discussions. The establishment of a contract, there has been "promised by nature and practice" controversial theory. The article cited a case-by-case analysis and academic perspective. Comprehensive academic perspective, I believe that the contract should be practical storage contract But at the same time we should be able to agree a contract for Connaught nature, the legal basis is the 367th of the "Contract Law" : "custody since their contracts set up for delivery. However, except otherwise agreed. "This shows that their contract is a contract practicality. And "Contract Law" in the 395th warehousing contract stipulates : "No provision of this chapter, application of the relevant provisions of their contracts. "This shows that storage contracts can apply the relevant provisions of their contracts. So it has practicality. The timing of the contract, the contract shall apply their storage contract provides that the contract should be practical. Connaught nature can agree to a contract. Practical contract, but Connaught nature of a contract can agree with the viewpoint of the "Contract Law," legislative intent.The third part, the validity of the contract for warehousing exposition. From the custodians of the rights and obligations of both the paper.Custodian has the right to : (1) In case of emergency custodian of the right to dispose of the storage material. "Contract Law" Article 390 provides : "The amount of storage material found to be the custodian of the metamorphic or other damage. The safety and endanger other storage custody. Urgency inventory or warehouse receipt holders should make the necessary disposal. because of the urgency of the situation. custodians can make the necessary disposal However, they should be promptly notified of inventory or warehouse receipt holders. "(2) the movements right. Out of fairness, the "Contract Law," a custodian of section 393 of the storage rights movements : "expire during storage of inventory or warehouse receipt holders not to draw from the warehouse. Urgency custodian in a reasonable period of time can be * extracted from overdue. custodian storage material can be extracted. "(3) The right to request compensation costs. Warehousing contract is a commercial contract, a custodian purpose is to engage in the exploitation of the storage industry. So warehousing people have the right to request compensation costs. (4) retention. Warehousing contract, a custodian contract possession of the storage, inventory or warehouse receipts once storage contract holders is not fulfilling obligations If we do not pay for storage, no compensation for the losses caused by the breach to the custodian, the custodian can exercise a lien.Custodian of the main obligations : (1) According to the storage agreement to accept the obligation to deliver the stock. Custodians signed a contract for warehousing and inventory, According to the agreement should accept the storage and delivery of stocks were in strict accordance with the contractual implementation of the storage plan. (2) the list of payment obligations. Custodian acceptance, if the storage of inventory were delivered with all aspects of the agreement. custodians should be made to the inventory list of people to fill (3) take proper care of the storage obligations. Custodians or perishable items to the storage of dangerous goods, should have custody of the corresponding conditions. (4) The apparent difference notification obligations. (5) the obligation to return the goods.The fourth is on the offense, discusses the nature and effectiveness of the offense.Unmenifest nature : (1) is a list of the storage warehouse to stock depositary receipt issued by the said person has received a certain amount of storage material. and property rights in order to represent the corresponding legal instr(?)ent. Nature, is a negotiable warehouse receipts on behalf of the storage with the value of property rights. (2) is a list of the documents from the storage, the storage warehouse receipt represents, in fact, the title. Inventory in storage or warehouse receipt holders from the right that no one has the right to interfere. Effect with a list of certain property, the property is an important document.Unmenifest legal effect mainly in the following aspects : (a) The effect of extraction storage (b) the transfer of ownership of storage material effect (c) established a list of qualitative effect.