Specyfika stosunku obligacyjnego składu z udziałem domu składowego
Description of a storage agreement whose party is a warehouse

Summary/Abstract: 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 (here- inafter 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. In accordance with the provisions of the warehouse act it is possible to claim that the Polish legislator imposed an obligation upon ware- houses to exercise three kinds of functions. Firstly, warehousers are entrepreneurs who provide services of professional goods storage. The existing warehouse operators make the turnover of commodities more comfortable and cheaper because it is not necessary for single participants to invest into expensive storehouses. In majority of cases modem warehouses are equipped with needed technical machines and installations, which allow to sort, reload and weight goods. Secondly, the aim of the warehousers is to improve circulation of the commodities. Thirdly, warehouse operators introduce a new base of obtaining a credit. These aims can be achieved by warehousers because they are authorized to issue security, which is called the warehouse receipt. The warehouse receipt consists of two parts: the first one is a reverse which is a document of title and makes selling goods possible without the necessity to move them; the second part of the security is a warrant defined as the warehouse pledge receipt. It is the source of credit. 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 modem professional legal transactions and correspond to the requirements of the contemporary society.

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