Deposit contract in accordance with the provisions of Kuwaiti law
Deposit:
The magazine presented the deposit contract in the sixth book of it related to the secretariats. The Trade Law also introduces some types of deposits, which are depositing in public warehouses and depositing in banks (Articles 528-542 and 630-632). The project placed this contract in its place between the contracts received on the work, and after it knew the deposit, it defined the obligations of the depositary (the depositor with him) and the obligations of the depositor and the reasons for the termination of the contract, then presented some types of deposit and set the provisions for them.
Article (720) defines deposit as a contract whereby the depositary is obligated to receive from the depositor something for safekeeping, and to return it in kind. It is clear from this definition that the deposit is a consensual contract whereby the depositary is obligated to receive something, movable or real estate, in order to preserve it and then return it in kind. The contract takes place before handing over, as for receiving the deposit, it is an obligation for the depositary after the conclusion of the contract, and in that the project is in agreement with the Egyptian technicians and the codes that followed suit, as well as with the Swiss legalization of obligations. As for other Arab codes, as well as the majority of foreign codes, the deposit in them is a physical contract.
First: Depositary's Obligations:
Articles (721-725) expose the depositary’s obligations, namely, to receive the deposit, to keep it, and to return it to the depositor at the end of the deposit.
1- The depositary is obligated according to the text of Article (721) to receive the deposit, so that if he refuses to do so, he will be deemed to be in breach of his obligation and assume responsibility according to the general rules, and it is most likely that the depositor does not ask for real execution, as the deposit is a contract of trust and trust, and if the trustee refuses to receive the deposit, then trust The depositor in it is shaken, so it is better for the depositor to demand compensation for the damage he suffered due to the latter's failure to implement his obligation, and it goes without saying that the deposit does not transfer the ownership of the deposit to the depositary, so the depositary does not bear the consequences of the loss of the deposit because of a foreigner, either before or after delivery .
The trustee does not have the right to use the deposit, nor allow anyone to use it, unless the depositor explicitly or implicitly authorized him to do so, and this permission is not assumed. Rather, the burden of proving it falls on the depositary, and if the trustee breaches his obligation, then he uses the deposit without permission or disposes of it by selling or With mortgage, rent, bare, or any other act, he was responsible for that with a civil liability, and it is also permissible to hold him criminally accountable for the crime of waste if all of its elements are met.
2 - The depositary is obligated to preserve the deposit, rather his commitment to preservation is the essential obligation that follows from the deposit contract, and since the principle in the deposit is that it is without a fee, the depositary is not obligated to preserve the deposit except with the diligence he exerts in preserving his money, without being charged with that I increase the care of the ordinary person (Article 722/1), but if the deposit is in return for a fee, then the depositary is obligated to preserve the deposit with the care of the ordinary person (Article 722/2), and all of that is not agreed otherwise (722/3), and from Then it is permissible to agree to tighten the depositary’s liability, and it is also permissible to agree to reduce or exempt it.
3 - Since the person of the depositary is usually the subject of special consideration with the depositor, it is not permissible for the depositary to delegate someone else on his behalf to keep the deposit except in two cases:
1 / If the depositor expressly authorized him to do so.
2 / Or if he is compelled to do so due to an urgent need for asylum (Article 723), as if a caller to travel surprises him and is unable to return the deposit to the depositor, then he is forced to deposit it with someone who entrusts him with it, and he has to notify the depositor of that as soon as this notification becomes possible for him.
4- Upon the end of the deposit, the depositor shall return the deposit to the depositor or to his successor. If the deposit is a fruit that produces fruits and the depositor gets them, he must also return it to the depositor, and the response is in the place where the deposit should be kept, and his expenses are on the depositor All of the above, unless there is an agreement to the contrary (Article 724).
5 - The trustee may die, and his heir believes in good faith that the deposit belongs to his inheritor and interferes with his estate and disposes of it. If his disposition of it was by sale and the depositor was unable to recover it from the buyer, the inheritor is obligated to return to the depositor the price he received or to transfer to him what he might have rights before the buyer (Article 725/1), but if he disposed of it by way of donation and was not The depositor must retrieve it from the donor, and the heir is obligated to return to the depositor its value at the time of the donation (Article 725/2). All of this applies to the movable property, but if the deposited thing is real estate, and the heir sells it, even in good faith, then its ownership is not transferred to the buyer by sale, because the sale was issued without an owner, and therefore the depositor, who is the real owner, can recover the property from the buyer's hand.
Second: The obligations of the depositor:
In Articles (726 and 727), the draft presents the depositor's obligations, which are the payment of the wage if it was stipulated and the return of the expenses that the depositary spent in keeping the deposit, and his compensation for all the loss he suffered because of it.
1 - And the principle in depositing is that it is without pay, unless there is an agreement on the wage, and this agreement may be explicit, as it may be implicit and usually extracted from the depositary’s craft. For example, depositing in public stores is supposed to be paid and if the amount of the wage is not specified, he should leave his appointment For custom or the judge’s discretion, it is not permissible to amend the agreed-upon wage, neither by decrease nor increase, and the wage shall be paid at the time agreed upon by the contracting parties. If there is no agreement on a time when the wage is due at the time specified by custom, and if there is no custom, the payment is at the time that ends In which the deposit is preserved (Article 726 of the draft). It goes without saying that if the custody of the deposit is completed before the specified date, the depositary is entitled to the remuneration in proportion to the period in which the deposit remained in its custody, unless otherwise agreed upon.
2- If the deposit has spent expenses to preserve the deposit, the depositor is obligated to return it to him (Article 727). The purpose of preserving the deposit here is to protect it from loss if it is exposed to danger, as well as normal preservation if this preservation requires some expenses. If a person deposits goods or other movables at the last, then what the trustee spends on these movables to protect them from perdition is to sprinkle them with insecticides and purify them, and as insurance premiums against theft and fire, and what he spends on preserving the movables for normal preservation such as the place fee and the guard’s wage, as well as the usual maintenance expenses such as animal feed and car lubrication, All this shall be returned by the depositary to the depositor according to the deposit contract.
The depositor is also obligated to compensate the depositary for the damage he suffers as a result of the deposit. If the thing deposited has a hidden defect. As an infectious disease in animals, and the depositor did not alert the depositary to the existence of this defect, he was responsible for compensating the depositary for the damage he suffered as a result of that, unless the latter knew of the defect without warning.
Third: Deposit Expiry:
Articles (728-731) expose the filing to expiry, it ends with the expiry of the term and the return of one of the contracting parties to the deposit before the expiry of the deadline, as well as with the death of the depositary.
1 - The contracting parties may agree on a deadline to keep the deposit, and the contract terminates at the expiry of this term, whether it was explicitly or implicitly agreed upon, and if a deadline was not agreed upon, each of the two contracting parties would have to terminate the deposit after notifying the other party of an appropriate date (Article 728 of the draft).
2 - Since the principle in the deposit is that the term is set in the interest of the depositor, he may waive the term and request the return of the deposit without prejudice to the depositary’s right to remuneration for the remaining period (Article 729 of the draft).
Likewise, the depositary may request the termination of the deposit before the agreed-upon time, if the deposit is without pay, and there are reasons for the depositary that cannot continue to keep the deposit (Article 730), because the depositary is in this case a donor and it is not correct to harm his donation.
3 - The deposit also ends with the death of the depositary, unless otherwise agreed upon (Article 731), because the person of the depositary is considered at the time of contracting, so the contract must be dissolved by his death unless otherwise agreed upon, and when the contract dissolves the obligations that have resulted from him are settled in the legacy of the depositary Until its dissolution, the estate remains burdened with it, including the obligation to return the deposit.
Fourth: Some types of deposits:
The project then introduces some types of deposits, which are incomplete and hotel deposits.
1 - If the deposit is an amount of cash or any other thing that perishes by use, and the depositor has authorized the depositary to use this thing, then it is inevitable that the trustee will consume the thing by using it, and then he cannot return it in person, but return the same as is the case in a loan. Therefore, the project came out with this type of deposit. An incomplete or abnormal deposit is called a deposit and considered it a loan (Article 732), and he showed an example of that, cash deposits in banks where ownership of the money is transferred to the bank and the same is returned, so the contract in this case is a loan or a current account, but there is nothing to prevent To return the deficient deposit to other things that perish by use, such as cotton and grains.
However, if an amount of money is deposited, provided that it is returned specifically without being used, this is a normal deposit, not an incomplete deposit, and it is assumed in the deposit of money that it is an incomplete deposit unless evidence to the contrary is established.
2 - As for depositing in hotels and similar places, the project has established special provisions for it that hold the owners of these stores a heavy liability for the deposits that guests bring to their stores, and the gravity of this responsibility appears in two ways:
The first: Expanding the meaning of the deposit. Anything that the inmate brings with him in the hotel is considered deposited with the owner of the hotel even if he did not hand over to him himself. This includes all the bags, luggage, clothes, money, jewelry, securities, documents and goods that the inmate brings, as well as the car that he brings in. The guest deposits it in the hotel garage or in his yard.
The second: the expansion of responsibility. The hotel owner and what is similar is responsible for taking care of the preservation of the things that the guests bring, even for the actions of those who visit his shop (1/733), so it is not enough for him to exert the care of the average person in preserving these things, but he must also watch His followers, including servants and employees, and even overseeing the frequent visitors to the hotel and others, he is responsible for the actions of all of them even if they are not his followers. If this responsibility is fulfilled, the hotel owner must compensate the inmate for all the damage he has suffered in accordance with general rules.
3 - In return for this expansion of responsibility, the owner of the hotel was relieved in three ways:
The first: Establishing a maximum liability for the hotel owner in relation to cash, securities and other valuables (Article 733/2). He is not liable in relation to them for compensation exceeding one thousand dinars except in three cases:
(A) That the accident occurred by a serious mistake by him or by one of his followers, in these cases it is permissible to recourse to him in full value, regardless of its amount, even if it exceeds one thousand dinars.
(B) That he had received cash, securities, or other valuables, and took it upon himself to preserve them while he was aware of their value.
(C) That he refused to accept these things as custody of him while he was aware of their value without showing a reasonable reason for that.
Second: Obliging the inmate to notify the hotel owner of the stolen, lost, or damaged thing as soon as he uncovered that. If the notification is slower without an acceptable excuse, the hotel owner is not responsible if he proves that if he was notified in a suitable time, he could avoid the damage (Article 734/1)
Third: If a period of six months elapses from the day in which the inmate leaves the hotel without the hotel owner claiming his right to court, his lawsuit shall be forfeited (Article 734/2).
4 - If the agreement to tighten the responsibility of the hotel owner is permissible despite its severity, but the agreement to exempt from this liability or to reduce it was and still is a subject of disagreement in jurisprudence and the judiciary. With the exemption or mitigation of responsibility (Article 735), since if the inmate accepts such a condition, he is obliged to accept it, so the draft law has preferred to protect it, which is a text that has an analogue in some foreign codes (609 Chinese).
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