Хранитель груза

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A person or party to whom goods are delivered for a purpose, such as further transportation, custody or repair, without transfer of ownership.In the ordinary bailment, the relationship is arms-length. The bailee is a receiving party of a bailment contract, where the other party is presented by a bailor. The bailment is a delivery of goods or personal property by one person (the bailor) to another (the bailee) on an express or implied contract and for a particular purpose related to the goods while in possession of the bayee, who has a duty to redeliver them to the bailor or otherwise dispose of them in accordance with the bailor’s instructions once the purpose has been accomplished. A bailment arises, for example, when a seller delivers goods to a shipping company with instructions to transport them to a buyer at a certain destination. [1]

The bailor has no control over the bailee or the handling of the bailed property. The bailee is an independent party not subservient to the bailor. The bailee is not a fiduciary and owes neither loyalty nor obedience to the bailor. It is in business for itself dealing with a customer and in many cases has interests antagonistic to those of the bailor. The parties do not contemplate that the bailee has power to bind the bailor. In brief, the bailee is a fully independent contractor; it is not an agent.[2]


References

  1. Hinkelman, E.G. Dictionary Of International Trade: Handbook Of The Global Trade Community. World Trade Press, Novato, CA, 2005.
  2. The concept of bailment generally - http://www.lawteacher.net/criminal-law/essays/the-concept-of-bailment-generally.php -= accessed 05/13/2012
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