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DESCRIPTION OF A STORAGE AGREEMENT WHOSE PARTY IS A WAREHOUSE

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Hejbudzki M.

Studia Prawnicze

2007

issue 3(173)

The article relates to the institution of a warehouse, which was restored in Polish legal system by an Act of 16th November 2000 on the bonded warehouses and on the amendment of the Civil Code, the Civil Procedure Code and other acts (hereinafter be referred to as 'the warehouse act'). The term of 'warehouser' (also: 'warehouse operator') means a person who is lawfully engaged in the business of storing goods and entitled to issue warehouse receipts and to sell the storing goods in public auction. Since a new kind of the warehousers appeared, there are two kinds of storage contracts in Polish legal system now. The first one is regulated mainly by Civil Code and defines entering into a contract with ordinary warehouse contractors, which is not entitled to issue the security and sell the goods in public auction. Warehouser operating under the warehouse act is a party of the second kind of storage agreement. This contract is regulated first of all by the provisions placed into the warehouse act, which are 'lex specialis' toward rules of Civil Code. As there are serious differences between these types of contracts, the aim of the author is to prove that apart from the common storage agreement there is also a particular kind of storage contract in Polish law. Besides the author examines if the regulations of the warehouse act are adapted to the needs of modern professional legal transactions and correspond to the requirements of the contemporary society.

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1 Studia Prawnicze

1 2007

1 Hejbudzki M.

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DESCRIPTION OF A STORAGE AGREEMENT WHOSE PARTY IS A WAREHOUSE