Article 87 [Deposit with third person]
[TEXT OF THE UNIFORM LAW]
A party who is bound to take steps to preserve the goods may deposit [1] them in a warehouse of a third person at the expense of the other party provided that the expense incurred is not unreasonable [2].
[WORDS AND PHRASES, CONCEPTS
1. a party who is bound to take steps to preserve the goods may deposit them in a warehouse of a third person at the expense of the other party …
2. … provided that the expense incurred is not unreasonable
[COMMENTARY]
[1] [a party who is bound to take steps to preserve the goods may deposit them in a warehouse of a third person
at the expense of the other party …]
[1.1] There was no discussion of this article, which was already contained in ULIS as Article 93, at the diplomatic
conference. It makes clear that the goods can be deposited with third parties from which follows that the party
having the obligation can keep them at his own place. This can be deduced from the wording of Articles 85 and 86
but is not directly said there.
No requirements have to be met by the storerooms of the third party, like that it would have to be a warehouse
(Barrera Graf/BB, 626) or that specific documents would have to be issued or similar conditions, which is
understandable since the party having the obligation to preserve the goods can even store them at his place. It is also
understandable, and follows from the obligation to take "such steps as are reasonable," that the storerooms have to
fit the respective storage purpose (O.R., 62).
[1.2] Where the primary or subsidiary applicable law connects further consequences with the deposit of the goods,
the conditions set forth therein must also be fulfilled, e.g. issuance of a warehouse certificate by an authorized
organization.
[2] [… provided that the expense incurred is not unreasonable]
What is at issue is the ratio between cost and value of the goods. In particular, in the case of goods which are to be
returned because of non-conformity, an expensive deposit will usually be out of the question.
Where a deposit at reasonable cost with a third party is not possible and where the obligated party cannot store the
goods himself, the latter would have to proceed to an emergency sale under Article 88, paragraph 2. [page 358]
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Pace Law School
Institute of International Commercial Law - Last updated September 25, 2002
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