Lawyer gave advice on protecting valuables in a bank safe deposit box

Banks to minimize their risks and liability to customers almost always offer storage of valuables with the provision of a safe, Ilya Vasilchuk, a trial lawyer, expert on the security of electronic and real estate transactions, public figure, told Izvestia on February 17.

"According to Article 922 of the Civil Code of the Russian Federation, there are two types of storing valuables in an individual bank safe: with the use of a safe and with the provision of a safe. The difference between these types is huge, the first is a contract for the storage of valuables, the second is a contract for the lease of a bank safe," he explained.

According to him, earlier the court practice was in favor of banks, because in paragraph 3, item 3 of Article 922 of the Civil Code of the Russian Federation states that unless the contract does not provide otherwise, the bank is exempt from liability for the disappearance of the contents of the safe, if it proves that under the conditions of storage access of someone to the safe without the knowledge of the client was impossible or became possible due to force majeure.

"Now the court practice has changed. The courts point out that the fact of theft would have been impossible if the bank had taken all necessary actions to protect and control its premises and employees," the expert said.

According to the expert, valuables should be placed in a safe deposit box in the presence of a witness, the contents of the box should be photographed when placed in the vault, an act should be drawn up, an inventory of valuables or other document, which should be signed by the tenant of the box and a witness. This evidence will help to recover damages from the bank later in court.

"It is important to remember that in all cases it is necessary to contact law enforcement authorities and report the theft of valuables belonging to you," summarized Vasilchuk.

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