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Legal nature of trusteeship contract

(1) A custody contract is a contract for providing labor services. The custody contract aims at the custody of things, and the custodian provides custody services for the depositor. The performance of the custody contract only transfers the position of the custody, but does not affect the ownership and use right of the custody.

(2) The custody contract is a practice contract. As far as the custody contract is concerned, the contract can't be established only if both parties agree, and there must also be the fact that the depositor delivered the deposit to the custodian. Article 891 of the Civil Code stipulates: "The custody contract is established when the deposit is delivered, unless otherwise agreed by the parties."

(3) the custody contract is a two-way contract, and whether it is paid or unpaid must be agreed by the parties.

dispute settlement methods in custody contracts

(1) If the court of litigation jurisdiction is agreed, it can only be agreed that the court of the defendant's domicile, the place where the contract is performed, the place where the contract is signed, the plaintiff's domicile and the place where the subject matter of the contract is located shall be under jurisdiction, and only one of them shall be agreed. If the agreement is not clear, more than two courts are selected for jurisdiction, or courts other than the above five courts are agreed, or both arbitration and litigation are agreed, such dispute settlement clauses are invalid.

(2) If arbitration is agreed, the specific arbitration institution and arbitration matters shall be clearly agreed. The criteria for clear agreement of the arbitration institution are: the location of the arbitration institution is clear, and if there are more than two arbitration institutions in the same place, the detailed name of the agreed arbitration institution shall be stated.

(3) After a dispute occurs, both parties can reach an agreement through equal consultation, or they can be mediated by a people's mediation committee or bring a lawsuit in a people's court and apply for arbitration as agreed. The judgment and mediation of the people's court and the ruling and mediation of the arbitration institution are all mandatory; The understanding reached by both parties through consultation and the mediation by the People's Mediation Committee are not mandatory, but their effectiveness is equivalent to signing a new contract.

Legal basis:

Article 515 of the Civil Code of the People's Republic of China

is invalid under any of the following circumstances:

(1) One party concluded the contract by fraud or coercion, which harmed the national interests;

(2) Malicious collusion that harms the interests of the state, the collective or a third party;

(3) covering up illegal purposes in a legal form;

(4) harming the public interests;

(5) violating the mandatory provisions of laws and administrative regulations.

The following exemption clauses in Article 516 of the contract are invalid:

(1) Causing personal injury to the other party;

(2) causing property losses to the other party due to intentional or gross negligence.

Article 54 One party has the right to request a people's court or an arbitration institution to modify or cancel the following contracts:

(1) The contract was concluded due to gross misunderstanding;

(2) obviously unfair at the time of conclusion of the contract.

if one party leads the other party to conclude a contract against its true meaning by fraud, coercion or taking advantage of others' danger, the injured party has the right to request the people's court or arbitration institution to modify or cancel it.

the people's court or the arbitration institution shall not revoke the request of the parties.