Bailment

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The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

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.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
References in periodicals archive ?
This term is defined in section 13 as encompassing certain leases or bailments of goods and thus potentially covers loans of artwork as they fall within the legal understanding of 'bailment', that legal institution arising when a person voluntarily receives into their possession the goods of another.
(66) See generally Merrill & Smith, supra note 5, at 811-20 (detailing developments in bailment law).
Allocating the Burden of Proof in Bailment Agreements Involving Missing Cattle Grazed on Public Rangeland: Comia v.
(333) The original formulation of the slight-gross rule employed degrees of negligence; degrees of negligence originated and developed in Roman law and English common law with the law of bailments. (334) In essence, courts in the 1800s imported the categories of "slight," "ordinary," and "gross" negligence from bailments into ordinary negligence law to mitigate the harsh applications of the contributory negligence doctrine.
Hence, the deposited money represents a bailment or a present good, and the overissue of money substitutes constitutes fraud.
Similarly, if the real property exists in a bailment situation, the intent is to look to direct property coverage, whether that be in the commercial property forms or inland marine.
(208) Since the whole range of gift demand loan situations involving property produce the same tax results, it is not necessary to attempt to make fine distinctions among tenancies at will, bailments, and licenses for tax purposes.
at 787 ("The standard approach is first to go to section 9-102(a)(20), and if the transaction does not fit under this section, then to go next to section 2-326; if the transaction does not fit under section 2-236 [sic], then the transaction falls entirely outside the Uniform Commercial Code, and the Court must then fall back on the common law of bailments and other traditional practices.").
William Jones, An Essay on the Law of Bailments (London, 1781) (3d ed., Nichols, ed., London 1823) (available in Library of Congress Law Library).
Bailments involve only moveable, tangible objects such as cars, clothing, sporting equipment, and the like.
Recent claims involving bailments to auction houses offer
This section applies to contracts for the purchase, lease, or bailment of real or personal property.