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NEWSLETTER 2013
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the bailee unable to keep the chattel safely for the continuance of the
contract or without detriment to himself. If no term has been agreed for
the bailment, the bailee may return the chattel at any time. If more than
one bailor deposits an object, unless a provision stipulates otherwise in
the agreement or each bailor gives their consent, the bailee shall not be
relieved from liability by giving the deposited chattel to one of them.
The bailed chattel is returned, at the risk and expense of the bailor, to
the same place where it was to be kept.
Liability of the Bailees
In accordance with TCO Article 567, where two or more bailees
jointly receive a chattel in bailment, they shall all be jointly and severally
liable.
Third Party Claims
Pursuant to TCO Article 568, if a third party claims title to the bailed
chattel, the bailee remains obliged to return it to the bailor, unless it has
been attached by court order or the third party has brought action to
establish title against the bailor. In the event of an attachment by court
order or a filing of an action to establish title, the bailee is obliged to
inform the bailor immediately.
Leaving to a Trustee
Pursuant to Article 569 TCO, where two or more persons, with a
view to protecting their rights, deposit an object whose legal status is
disputed in bailment with a third party, the latter may return it only with
the consent of all bailors or by decision of the court.
Leaving to a Warehouse Keeper
Issuance of Documents of Title
Pursuant to Article 571 TCO, a warehouse keeper who publicly offers
warehousing services for commercial goods may apply to the competent
authority for the right to issue documents of title to the goods kept in
storage.