自助寄存引发的法律问题

自助寄存被广泛用于大型超市。有些学者认为自助寄存的性质为寄存柜的借用合同 ,超市不应承担场主的法定保管义务。本文通过对自助寄存流程的分析及其与人工寄存的比较 ,认为自助寄存的性质仍为保管合同 ,超市应当对寄存物承担约定保管义务。同时 ,因消费者进入超市购物必须将所携带物品交付寄存 ,故超市应当承担场主责任 ,这也是合同法上附随义务的当然内容。

Legal Problem on Self-service deposit

Self-service deposit is used by supermarket extensively. Some scholar hold that the nature of self-deposit is contract of commodatum and supermarket should not take the responsibility of deposit. The thesis considers that the nature of self-service deposit is still contract of deposit and supermarket should take the agreed responsibility of deposit by analyzing the course of self-deposit and comparing it with that of man-made deposit. At the same time, consumers must put their personal contents into deposit when they go in supermarket. So supermarket should take the hotel proprietor liability and it is also the collateral obligation supermarket should perform according to contract law.