Özet:

Safe deposit box agreement has a mixed nature bringing together the elements of the lease and the contract of mandate. In the safe deposit box agreement, the bank has obligations to leave the usage of the safe to the customer, to cooperate in accessing the safe, to ensure the security of the safe and confidentiality. The bank has to perform its obligations diligently and faithfully. In determining the liability of the bank arising from the duty of care the behaviour required by a prudent bank, which undertakes to lease safe boxes, is taken as reference. In case of existence of conditions of liability, the bank is obliged to compensate the customer for both pecuniary and nonpecuniary damages. In the safe deposit box agreement, the customer is obliged to pay the contract value, and the deposit if agreed. If the customer does not pay the contract value, the bank may put the customer in debtor's default, may set a time limit in writing for payment and notify her/him that in the event of non-payment the bank will terminate the contract on expiry of that time limit. The customer is obliged to use the safe with all due care, as well otherwise, the bank may terminate the contract with immediate effect and may demand the customer to compensate for the damage occurred.

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