Rus Articles Journal

Who is responsible for the things left in left-luggage offices in shops?

Think I not the first who asked the matter. It is possible to imagine easily a picture - you made some valuable purchase, joyful go home to enjoy it and here remember that it would be quite good to run in shop (to buy something). And here is how time and it. You come. You see - the entrance to a trading floor has a security guard with the spiteful person whose all eyes are attracted to your rather big box, and suggests you to hand over this thing in a left-luggage office which appears near you.

You, of course, agree (time and desires to argue are not present). You put the invaluable purchase in a left-luggage office and suddenly you notice such inscription - The Administration of shop does not bear responsibility for the things which are handed over in a left-luggage office . Also it becomes terrible to you for your expensive goods.

The further developments can go on three ways:

1) all of you equally leave a thing in a left-luggage office ( at random ) ;

2) you leave shop to carry home a box, and then (with light baggage) it is possible also in shop;

3) you try to prove that it is necessary for you in shop right now, but you are going to hand over nothing.

I think, described by me the situation let not in accuracy is higher, but repeats what each of us ever endured.

Also there is a question - and whether the shop has the right, forcing you to hand over the things in a left-luggage office, not to bear responsibility for them?

I will try to construct a chain of reasonings which can be will lead us to the correct answer.

1. Activity of shop is regulated by provisions of the Civil code about the public contract. It is article 426 of the Civil Code of the Russian Federation. Thus the shop cannot refuse to you acquisition of any goods available at them and also cannot interfere with you in implementation of your right (part 3 of article 426 of the Civil Code of the Russian Federation). In other words, nobody can seize you by a hand and tell - you did not hand over a thing, you cannot pass .

2. The room in which left-luggage offices settle down is a territory of the shop. Legal status at these shelves or cells same as well as at trays in the most trading floor. It was designed and adapted by shop for implementation of the purposes of activity.

3. If the shop declares that it does not bear responsibility for the stored values, then it is possible to assume that it refuses also the property right to these things ( cells ) . Because only the owner can bear burden of maintenance of any thing.

4. As a matter of fact, proceeding from a form, the shop suggests you to sign the pseudo-contract of storage. But here again paradox. Proceeding from article 888 of the Civil Code of the Russian Federation, the keeper has no right to demand transfer of a thing to it on storage. But the shop denies that it acts as the keeper, but at the same time insistently suggests you to hand over things. But to whom and where? It is a riddle.

5. In case of loss of your thing, after much debate and dismantling you will be able to indemnify the loss caused to you through court. But whether you need this red tape?

From all above it is possible to draw a simple conclusion - do not hand over a thing in left-luggage offices. And better also do not argue with administration of shop (if you do not want, of course). Just know - what proclaims shop near left-luggage offices, illegally. You come with light baggage and buy that it is necessary for you.