第八百九十一条 寄存人向保管人交付保管物的,保管人应当 出具保管凭证,但是另有交易习惯的除外。
条文要义
由于保管合同是实践性合同,因而当寄存人向保管人交付保管物 后,在通常情况下,保管人应当对寄存人出具保管凭证,证明收到了保 管物,成立了保管合同。保管凭证既是保管合同成立的证明,也是领取 保管物的凭证,如果没有订立书面的保管合同,保管凭证就是保管合同 的债权文书。
保管凭证的作用是:(1)表明保管人收到了保管物;(2)证明保 管合同关系已经存在;(3)寄存人凭保管凭证领取保管物。
不过,在很多情况下,保管合同并不需要出具保管凭证,例如,在商场的停车场,按照交易习惯就不给付保管凭证,有车位就可以停车, 出场时付款即可,因而本条规定了另有交易习惯的除外条款。
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