Bailment

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Bailment

 

in civil law, an obligation that arises on the basis of a contract or by force of law for one party (the bailee) to keep property for a second party (the bailor) and to return the property on demand in the condition in which it was received. In pre-revolutionary Russia, the contract of bailment was called the poklazha (deposit), and the two parties were called the po-klazhedatel’ (depositor) and poklazheprinimatel’ (deposit recipient, or custodian).

In the USSR the contract of bailment is regulated by special rules and by the civil codes of the Union republics—for example, Articles 422–433 of the Civil Code of the RSFSR. Parties to the contract may be citizens or socialist organizations. If the parties are citizens and the value of the property exceeds 100 rubles, the contract must be concluded in writing. Bailment is without recompense unless otherwise provided by law or contract. The bailee does not have the right to use the property entrusted to him unless otherwise specified by contract.

In case of loss of property, the bailee is obligated to reimburse the bailor for the full value of the property; in case of damage, the bailee must pay the amount by which the value has been decreased. Organizations established in part or in full to provide services of bailment—such as pawnshops, checkrooms, hotels, and refrigerated storehouses—bear increased responsibility. They are responsible not only for intentional loss of or damage to property but also for accidental loss or damage; they are freed from responsibility only in cases of force majeure.

References in periodicals archive ?
Having regard to all these matters, the primary judge was entitled to come to the conclusion that MX had discharged its duty as an involuntary bailee.
Bailee handed Magpantay the clipped portion of the scorecard so he could jot down the right scores.
Part of every bailment is an agreement, express or implied, by the bailee to return the bailed goods to the bailor.
possession; (46) or where the bailee had notice of the third
I spend so much time in hotel rooms that I love coming home to a space for myself," says Bailee.
All Covers appealed, arguing that the magistrate made a legal determination which lacked an authoritative or principled basis and imposed upon a bailee a duty which was unjust, commercially unreal and unknown under Australian law.
There is a need for a device that has storage space in the heating tray to 200 samples, while forms can Bailee hot before embedding.
Orchard actually made it a tight three-way fight in the championship division before ignominiously losing seven points on two grave miscues by Jun Bailee.
Luis Miguel Garcia, a 61-year-old retired businessman, matched Bagtas' 52 points, but his heroics went for naught following the disqualification of Orchard teammate Jun Bailee.
Artie Decker Billy Crystal Diane Decker Bette Midler Alice Simmons Marisa Tomei Phil Simmons Tom Everett Scott Harper Simmons Bailee Madison Turner Simmons Joshua Rush Barker Simmons Kyle Harrison Breitkopf Cassandra Jennifer Crystal Foley Dr.
Rice girls were Jenna Banks Cannon, Lily Miller Gaston, Bailee Ayden Goodson, Hannah Marie James, Havee Reece Johnson, and Ada Ansley Mitchell.