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Book 4 · Commercial transactions  ›  Division 6 · Warehousing business › Section 475b

Warehouse keeper's lien

(1) The warehouse keeper is entitled to a lien, for all claims founded on the warehousing contract, on the goods handed over to the warehouse keeper for storage which belong to the depositor or to a third party who has consented to the storage. The warehouse keeper also is entitled to a lien on the goods of the depositor for all uncontested claims arising from other warehousing, carriage, sea carriage or forwarding contracts concluded with the depositor. The lien also extends to claims under an insurance policy and to accompanying documents.

(2) If a warehouse warrant made out to order has been transferred by endorsement, then the lien will exist in relation to the rightful holder only in respect of the remuneration and expenditures which are evident from the warehouse warrant or of which the warehouse keeper was aware or grossly negligently unaware on acquiring the warrant.

(3) The lien will persist as long as the warehouse keeper has possession of the goods, in particular as long as the warehouse keeper has the right of disposal over them by means of a bill of lading, consignment bill or warehouse warrant.

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