合同法对仓储合同规定的几处缺漏及纠补

Defects of Warehousing Contract in Contract Law and the Relevant Amendments

合同法中关于仓储合同的规定不尽完善。将存货人与仓单持有人作并列规定 ,造成有关法条自相矛盾 ,逻辑混乱 ,故直接规定仓单持有人即可。对仓单持有人行使权利的时间应明确规定为保管人的营业期间。在仓储期限约定不明时 ,应对保管人行使催提权在时间上作出限制 ,以免损害仓单持有人利益。仓单持有人逾期提取仓储物时 ,应把保管人设定的合理期限作为保管人的一项义务而非权利来规定 ,这样更有利于双方利益的平衡。

The regulations on warehousing contract in contract law are not quite satisfactory. Firstly, standing the storing party and the person who holds the warehouse voucher side by side makes the regulations self-contradictory and logically chaotic. So it may be better to prescribe the person who holds the warehouse voucher only. Secondly, we should clearly prescribe the time of right performing of the person who holds the warehouse voucher. That means, the depository should perform his right in 'business time'. Thirdly, when the contract has not stated the storage time period clearly, we should limit the time of the depository performing his right of urging the storing party to draw-his goods in stock, for fear of hurting the interests of the person who holds the warehouse voucher. And at last, when the person who holds the warehouse voucher exceeds the time limit, the reasonable time, limit set-by the depository should not be regarded as a right but an obligation for the storing party. Thus we can keep the interest balance of the two parties.