| The contract of custody is a typical contract in the Contract Law of our country. The character of custody contract is the service of taking care property for others. As the development of market economy and modern life, the related regulations in Contract Law can't be applied to new disputes about contract of custody. It is necessary to discuss the related legislation and theory. Starting with three kinds of contracts, for example, contract of parking, contract of self-help bailment in the supermarket and contract of safe-box in the bank, the paper discusses the factors that need be considered in cognizing the contract of custody. Then the paper talks about the value deflection of custody contract.Analyzing from the content, the purpose, the social function of the contract, the legislation policy and the custom of bargaining, the paper educes that the character of the contract of parking, the contract of self-help bailment in the supermarket and the contract of safe-box in the bank remain with the contract of custody, but not contract of lease or borrow. The influence factors need considering are standard clause, the purpose of contract, the custom of bargaining, exemption clauses and custodian's obligation on taking care of the goods. The explanation rule of contract is applied to the cognizance. At the same time, the principle of liability attribution in the contract of custody should adopt the fault liability, in order to share the risk between both parties and shoulder the responsibility of giving evidence. The principle of justice of contract is the center of the freedom of contract. Justice of contract and social efficiency are the important principle in cognizing the contract.It is necessary to differentiate custodian's obligation on taking care the goods between paid custodian and gratuitous custodian in Contract Law. Paid custodian should burden suitable notice as the goodness manager. Gratuitous custodian should offer notice as take care of own business. |
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