According to article 892 of the Civil Code of the Russian Federation, the custodian does not have the right to use the depositor's thing, except for cases when it is expressly provided for by the storage agreement. Even if the use of the property does not change the appearance of this property and does not worsen its condition, the keeper still cannot use the property without the consent of its owner.
Debtor's property
In some cases, the law allows the custodian to use the retained property without the consent of its owner. For example, if the keeper keeps the described property of the debtor. Then, according to article 394 of the Civil Procedure Code of the Russian Federation, the custodian can use the property, provided that during the time of use the things will not be destroyed, their value will not be reduced, the decals affixed to the things by the bailiff will be preserved.
The fact is that immediately after the inventory, the debtor's property is not exported. For various reasons, the bailiff-executor leaves the described property for safekeeping to the debtor himself. And until it is removed and sold, the debtor has the right to use his former property, taking care of its safety.
However, a prohibition on the use of this property may be specially stipulated in the inventory of property. In this case, the depositor does not have the right to use the property, even if the depositor has agreed to do so.
Other exceptions
The same 892nd article of the Civil Code of the Russian Federation allows the custodian to use the property of the depositor in those exceptional cases when the use of this property is necessary from the point of view of ensuring its safety.
The custodian's responsibility
The keeper has the right to use the property transferred to him for safekeeping with the consent of the depositor. In this case, the depositor's consent must be free of charge, otherwise there is a basis for re-qualifying the storage agreement into a lease agreement.
According to the peculiarities of the storage agreement, not only the owner of the property, but also any other persons can act as the depositor. Termination of the storage agreement, including early termination, may occur without the consent of the custodian and without giving reasons.
If the custodian nevertheless uses the property entrusted to him for safekeeping, the depositor through the court may challenge the custodian's actions, demand from him compensation for all losses in connection with this use. If the custodian also benefits from the use of the stored property, the depositor may demand to transfer to him everything that was acquired in connection with such use as unjustified enrichment.
According to the storage agreement, additional liability (compensation or fine) may be provided for the use of property without the consent of the depositor.
