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对于广泛存在于超市的自助寄存的法律性质,在实践和理论中都多有争议。传统民法将焦点多集中在保管、借用抑或租赁,也有学者提出场主责任的观点,试图用现有的民法体系来解释其性质,但似乎难臻完满。故此,本文试从商法的视角来分析自助寄存的法律性质,弥补民法解释的不足。
There is much controversy in practice and theory about the legal nature of self-depositing, which is widely found in supermarkets. The traditional civil law focuses more on custody, borrowing or leasing, and some scholars put forward the responsibility of the owner, trying to use the existing civil law system to explain its nature, but it seems that it is not perfect. Therefore, this article attempts to analyze the legal nature of self-storage from the perspective of commercial law to make up for the lack of interpretation of civil law.