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近年来,随着超市自助寄存的普及,相关的法律纠纷随之增多,特别是关于自助寄存物遗失的损失由谁承担,理论界难以形成统一的意见。本文主要通过合同解释的方法,认定该合同为无名合同;接着分析了合同因格式条款无效而存在漏洞,并根据“可推测的当事人意思”进行补充解释,得出超市应负担保管义务的结论;最后,对超市的责任范围进行了类型化界定。
In recent years, with the popularization of self-service storage in supermarkets, the related legal disputes have increased. Especially, it is difficult for theoretic circles to form a unified opinion on who should bear the loss of self-service deposit. This article mainly through contract interpretation method, finds that the contract is anonymous contract; then analyzes the contract due to the invalid format terms and loopholes, and according to “speculative party meaning ” to supplement explanation, come to the supermarket should bear the obligation to keep Conclusion; Finally, the scope of the responsibility of the supermarket type defined.