chhatramani/nepal_legal_text_corpus_v1 huggingface dataset:
National Civil Code 2074

Section 573: Rights of subrogator Section 573: The rights and obligation of the subrogator shall be as specified in the contract, and, failing such specification, shall be as follows: Section 573, Clause (a): All the rights, under the contract, of the person who has sustained the loss or damage shall devolve on the subrogator, Section 573, Clause (b): The subrogator under clause (a) may recover from the person who has caused the loss or damage, or from the party to a contract concluded in that respect, if any, the amount or reasonable compensation paid by him or her to the person who has suffered the loss or damage, as well as the costs incurred in having recourse to legal remedies, if any. Section 574: Statute of limitation Section 574: A person who is aggrieved from any act done or action taken under this Chapter may file a lawsuit within two years after the date of the accrual of the cause of action. Section 575: Contract of bailment Section 575, Sub-section (1): If a person so delivers any goods to another person that the goods shall be returned to him or her or handed over or sold to any other person according his or her direction, a contract of bailment shall be deemed to have been concluded. Explanation: For the purposes of this Chapter, the term “goods” means any movable property and right in such property, other than currency in circulation. Section 575, Sub-section (2): In concluding a contract pursuant to sub-section (1), a deed shall be executed while bailing any property the price of which exceeds twenty-five thousand rupees. Section 576: Bailment deemed to be completed Section 576, Sub-section (1): The process of bailment shall be deemed to be completed once the bailee takes the delivery of the goods under bailment. Section 576, Sub-section (2): If any person or any one authorized by him or her has already taken any goods in custody or possession, such goods shall be deemed to have been held as bailment. Section 577: To disclose faults in goods bailed Section 577, Sub-section (1): The bailor shall disclose to the bailee any fault in the goods bailed of which the bailor is aware and which interferes with the use of them or can cause any loss or damage to the bailee or warrants separate provision or arrangement for their protection. Section 577, Sub-section (2): If the bailor does not make such disclosure knowingly as required to be made pursuant to sub-section (1), to the bailee the bailor shall be liable for any loss or damage arising from such goods or such non-disclosure. Section 577, Sub-section (3): Notwithstanding anything contained in sub-section (2), if the goods are bailed for hire, the bailor shall be responsible for any loss or damage resulted from any faults in such goods even if the bailor was not aware of the existence of such faults in such goods. National Civil Code 2074
National Civil Code 2074

Section 578: Obligations of bailee Section 578, Sub-section (1): The bailee shall, take care of (herbichar) and protect the goods bailed to him or her in accordance with the terms and conditions specified in the contract and, reasonable care of goods, as his or her own in the absence of such terms and conditions. Section 578, Sub-section (2): Except as otherwise provided for in the contract, if any goods bailed are lost, stolen, damaged, depreciated, deteriorated or destroyed because of a disaster in spite of the reasonable care and protection pursuant to sub-section (1), the bailee shall not be liable to return such goods. Provided that if the goods are lost, stolen, damaged, depreciated, deteriorated or destroyed because of recklessness or mala fide intention of the bailee or of his or her failure to take care of or protect the goods according to the terms and conditions of the contract, the bailee shall be liable to return the goods or pay an amount equivalent to the price thereof to the bailor. Section 578, Sub-section (3): If the bailee uses the bailed goods without authorization to do so under, or in a manner contrary to the terms and conditions of, the contract, the bailee shall pay compensation to the bailor for any damage, loss, destruction or deterioration arising to the goods from such use. Section 578, Sub-section (4): Except as otherwise provided for in the contract, the bailee shall not mix the bailor's goods with his or her own goods. Provided that if the bailee, with the consent of the bailor, mixes the goods of the bailor with his or her own goods, both parties shall have an interest, in proportion to their respective share, in the mixture thus produced and income accrued therefrom. Section 578, Sub-section (5): If the bailee, without consent of the bailor, mixes the goods of the bailor with his or her own goods, and the goods so mixed can be separated, the title of the property in goods shall remain in the parties respectively, but the bailee shall be bound to bear the expenses for separation and the damage, if any, arising to the bailor from the mixture. Section 578, Sub-section (6): If the bailee, without consent of the bailor, mixes the goods of the bailor with his or her own goods, and the goods so mixed cannot be separated pursuant to sub-section (5), the bailor shall have right in such goods. Section 579: To return bailed goods Section 579, Sub-section (1): The bailee shall return the bailed goods to the bailor after the expiry of the period specified at the time of bailment of the goods or after the accomplishment of the purpose for which the goods were bailed. National Civil Code 2074
National Civil Code 2074

Section 579, Sub-section (2): If the bailee does not return the goods within the period specified for retuning them pursuant to sub-section (1) or within a reasonable period according to the nature of the goods failing such specified period or if the bailor refuses to take the goods back within such a period and if the goods are lost, stolen, damaged, destroyed or deteriorated or any loss or damage is caused to the bailor due to such goods from that date, the respective party shall be liable for the loss or damage arising from his or her own default. Section 579, Sub-section (3): Except as otherwise provided for in the contract, in the case of bailment of the goods owned by more than one person, the bailee may return the goods to any one of the joint owners, or to the person assigned by them, and if the goods are so returned, the goods shall be deemed to have been duly returned. Section 579, Sub-section (4): If the bailee does not hold the goods bailed to him or her in accordance with the terms and conditions of the contract, the bailor may take back the goods at any time. Section 579, Sub-section (5): Except as otherwise provided for in the contract, the goods increased or earned from the bailed goods, shall also belong to the bailor. Section 580: Bailor to be liable for other's goods bailed Section 580: If the bailor bails any goods in which he or she has no title, right or ownership to the bailee and the bailee is compelled to bear any claim or loss or damage to a third party from such bailment or bear any costs in relation to the bailment, the bailor shall also be liable to pay such costs. Section 581: Goods given for repair and maintenance to be returned Section 581, Sub-section (1): If any goods are delivered to a person for their repair, improvement or renovation in any manner, the person shall repair, improve and renovate those goods and return them to the concerned owner, upon charging the costs or service charge for such repair, improvement or renovation within the period specified in the contract. If the goods are not so returned within the specified period or any additional loss or damage is caused to the goods or the goods are so damaged as to be unusable in the course of their repair, improvement or renovation, that person shall be liable to pay the compensation specified in the contract and, failing such provision, a reasonable compensation to the concerned owner. National Civil Code 2074
National Civil Code 2074

Section 581, Sub-section (2): Notwithstanding anything contained in sub-section (1), the person who repairs, improves or renovates the goods shall have the right to retain them until the payment of the costs incurred in the repair, improvement or renovation of such goods or the service charge if paid, and if such costs or service fee are not paid within a reasonable period, that person may recover the costs or service fee by selling the goods. Section 582: Costs incurred in taking care of (herbichar) bailed goods Section 582: Except as otherwise provided for in the contract, the bailor shall bear the expenses incurred in the bailment of goods and in the care or security of the bailed goods. Section 583: Contract of bailment to be void Section 583: If it is proved that any goods are bailed with the intention of disentitling partition share, abstaining from paying any payable government fee or amount payable to any one or for any other illegal purpose, such a contract of bailment shall be void. Section 584: Statute of limitation Section 584: A person who is aggrieved from an act done or action taken under this Chapter may make a lawsuit within two years after the date of the accrual of the cause of action. Section 585: Contract of pledge or deposit deemed to be made Section 585, Sub-section (1): If a person takes delivery of goods as security for payment of a debt lent to another person, a contract of collateral is deemed to have been concluded and if a person takes delivery of goods as a security for the performance of a promise by another person, a contract of deposit shall be deemed to have been concluded. Explanation: For the purposes of this Chapter, the term “goods” means any property and includes title to or an instrument establishing title to that property. Section 585, Sub-section (2): A contract of collateral or deposit may be made pursuant to sub-section (1) in relation to the debt for the payment of which security is taken and interest of the debt, and if a deposit is taken as a security for the performance of a promise, other expenses related to that promise and expenses incurred in the care of (herchaha)collateraled or deposited goods. Section 586: To return goods collateraled or deposited Section 586, Sub-section (1): Except as otherwise provided for in the contract, after the payment of the debt for which the collater has been taken or after the performance of the promise for which person deposit has been taken shall be returned to the concerned. Section 586, Sub-section (2): If the collateral or deposit taken under sub-section (1) is or may be divided into different parts, the collateral or deposit may be returned to the extent covered by the respective portion of the debt repaid or the promise performed. National Civil Code 2074
National Civil Code 2074

Section 587: Rights of the person who obtains collateral or deposit Section 587, Sub-section (1): If a debt has been taken having pledged any goods as a collateral for its payment and makes a default in payment of the debt or interest of the debt, if any, within the specified period, the person who has taken the collateral may initiate the right to take legal action to recover the debt in accordance with law, by selling or auctioning the collateral so given at the prevailing market price or transfer the ownership of such security in his or her name subject to law, if such sale or auction cannot be made. Section 587, Sub-section (2): If the goods pledged as collateral are sold at a price lesser than the amount recoverable by the person who has taken the collateral from the borrower under sub-section (1), such a person shall be entitled to recover the shortfall amount from the other assets of the borrower, and the collateral is sold at a price higher than the amount to be recovered, the excess amount shall be returned to the borrower. Section 587, Sub-section (3): Notwithstanding anything containing in sub-sections Section 587, Sub-section (1): and (2), the person who has given the goods as collateral may take back his or her goods at any time by paying the debt and interest thereon and other amounts, if any, due and payable prior to the sale of the pledged goods or the transfer of ownership thereof. Provided that the person who has given the collateral shall also be liable to bear additional liability arising to the goods pledged from his or her failure to pay the amount within the specified period. Section 587, Sub-section (4): If a deposit is taken as a security for the performance of a promise and the promise is not performed or completed within the specified time, the goods pledged as deposit may be used for the performance of the promise or the expenses incurred in such performance may be recovered from such goods. Section 587, Sub-section (5): If the promise cannot be performed from the goods pledged as deposit, such shortfall amount may be recovered from the other assets of the borrower. Section 588: Consequences of pledge or deposit of goods by non-owner Section 588, Sub-section (1): If anyone borrows a debt or enters into a promise by pledging to the creditor any goods in which the he or she has no right or ownership or which has been obtained under a contract which is void under this Part and the pledgee does not know that fact, the pledgee shall have the right to demand the borrower giving such a collateral or deposit to give collateral or deposit of the goods owned by him or her equal to that amount, and if the he or she fails to give the collateral or deposit so demanded, the pledgee shall have the right to get the contract voided. National Civil Code 2074
National Civil Code 2074

Section 588, Sub-section (2): If any goods obtained under a void contract are pledged as a collateral or deposit and the contract has already become void before giving such collateral or deposit or the pledgee had the knowledge that the goods pledged as the collateral or deposit did not belong to the pledger, the pledgee shall have no right in such goods and may recover the amount to be recovered by him or her or have the promise performed from other goods belonging to the pledger. Section 588, Sub-section (3): If the pledger has a partial or limited title to, or ownership of, the goods pledged as the collateral or deposit, the pledgee also shall have right and title to such goods to that extent only. Section 589: Creditors to be on equal footing (pari pasu) Section 589, Sub-section (1): If a person has borrowed debt from two or more creditors at a time or several times by pledging any of his or her goods as a collateral and the goods so pledged as the collateral are not sufficient to pay the debt of all the creditors, except as otherwise provided for in the contract, all the creditors who have taken the goods as collateral shall be deemed to be in pari pasu in respect of the debt outstanding and shall have the right to make a proportionate claim on the goods accordingly. Section 589, Sub-section (2): A contract entered into giving priority right in the future to a creditor on the goods already pledged as collateral pursuant to sub-section (1) shall be void. If a creditor has already recovered his or her debt from such a collateral before the contract becomes void in spite of knowing that there are also other creditors in respect of the security, such a creditor shall return the amount to other creditors and recover his or her debt from other assets of the pledger. Section 590: Statute of limitation Section 590: A person who is aggrieved from any act done or action taken under this Chapter may make a lawsuit within two years after the date of the accrual of the cause of action. Section 591: Contract of agency deemed to be made Section 591: Any person may appoint any other person as his or her agent to do any act on his or her behalf, except on the matter of his or her personal ability, to conduct business as his or her agent or carry on any transaction with a third person on his or her behalf or to represent him or her to such a person or to establish any type of legal relation with the person appointing an agent (the principal) and a third person, and if an agent is so appointed, a contract of agency shall be deemed to have been concluded. National Civil Code 2074
National Civil Code 2074

Section 592: Recognition of transaction carried out by agent Section 592, Sub-section (1): Whatever a person can do on his or her own, the person may get the same done, or cause to be done, through an agent, subject to the law. Provided that no act may be done through an agent for which one has to be present in person. Section 592, Sub-section (2): A contract concluded through an agent appointed pursuant to Section 591 or act done by the agent shall be deemed to have been carried out by the concerned person and the obligation arising out of such an act shall be performed as if the contract were concluded or act done by the principal. Provided that if the agent has done any act beyond his or her authority, the principal shall not be liable for such an act other than that accepted by him or her. Section 592, Sub-section (3): Notwithstanding anything contained in sub-section (1), if, out of the acts done beyond authority, some acts are within his or her authority and some are beyond it and the part done within his or her authority can be separated, the principal shall be liable to the extent of the acts done within authority. Section 593: Power to appoint sub-agent Section 593, Sub-section (1): If it is necessary to appoint a sub- agent according to the nature of any trade, business or transaction or a sub-agent may be appointed having regard to the provision of the contract or usage of the contract of agency, the agent may, except as otherwise provided for in the contract, appoint a sub- agent with the consent of the principal. Provided that an agent who has been appointed on the condition that he or she shall represent or do any act personally may not appoint a sub-agent. Section 593, Sub-section (2): If a sub-agent is appointed pursuant to sub-section (1), the agent shall give information thereof to the principal, and the rights and obligations of the sub-agent so appointed shall be the same as that of the agent appointed by the principal. Section 593, Sub-section (3): If an agent appoints a sub-agent without the consent of the principal, the principal shall not be liable for any act done or action taken by the sub-agent. Section 593, Sub-section (4): The agent appointing the sub-agent shall be personally liable for the acts referred to in sub-section (3). National Civil Code 2074
National Civil Code 2074

Section 594: matters to be complied with by agent Section 594, Sub-section (1): Except as otherwise provided for in the contract, an agent shall comply with the following matters: Section 594, Sub-section (1), Clause (a): To act subject to the terms and conditions of the contract of agency and the directions given by the principal, Section 594, Sub-section (1), Clause (b): In the absence of any terms and conditions in the contract or any direction given by the principal, to do the business of agency in good faith, with full diligence and necessary care and skill, accordance to the nature of the act and business assigned to him or her and the laws and usages of the place of transaction, Provided that if, at the time of the conclusion of the contract, the principal was aware that the agent has no efficiency or capacity in relation to any matter, the agent shall not be liable for any loss or damage resulting from such inefficiency or incapacity of him or her. Section 594, Sub-section (1), Clause (c): On the removal from an agent, not to do any act as usual in the capacity of an agent on the same business. Section 594, Sub-section (1), Clause (d): To render or show the details of accounts and records of the agency business to the principal at the time of demand, Section 594, Sub-section (1), Clause (e): In the case of any obstruction, obstacle or difficulty arising in the course of business of the agency, to notify the principal as soon as possible and obtain necessary directions, and the principal shall be liable for any act done according to the direction so given. Section 594, Sub-section (2): If the principal suffers any loss or damage because of the failure of the agent to perform his or her duties under clauses (a), Section 594, Sub-section (2), Clause (b): and (c) of sub-section (1), the agent shall personally bear such loss or damage. National Civil Code 2074
National Civil Code 2074

Section 595: Agent to be responsible Section 595, Sub-section (1): Except as otherwise provided for in the contract, the agent shall, in any of the following circumstances, be personally liable for the transaction done by him or her on behalf of the principal: Section 595, Sub-section (1), Clause (a): If the agent concludes a contract with a third party in relation to any transaction with provision for personal responsibility, Section 595, Sub-section (1), Clause (b): If any act is done for or on behalf of an undisclosed principal and such a principal is not disclosed, Section 595, Sub-section (1), Clause (c): If the principal cannot be sued for any reason, Section 595, Sub-section (1), Clause (d): If the contract is concluded in his or her own name, Section 595, Sub-section (1), Clause (e): If any act is done beyond the scope of the contract of agency or authority, Section 595, Sub-section (1), Clause (f): If any misrepresentation or fraud is committed in the course of the transaction, Section 595, Sub-section (1), Clause (g): If the agent is required to be liable personally according to the nature of the trade, Section 595, Sub-section (1), Clause (h): If the interest of the agent is also involved in the transaction. Section 595, Sub-section (2): Except as otherwise provided for in the contract between the agent and a third person, nothing shall be deemed to bar the making of any claim by the third person against the principal merely by the reason that the agent is personally liable pursuant to sub-section (1), and legal action may also be taken against the principal for a sum not recovered from the agent. Section 595, Sub-section (3): For the purposes of taking a legal action against the principal pursuant to sub-section (2), the statute of limitation shall be deemed to commence from the date of the last payment made by the agent. Section 596: Principal to be liable when leading to believe that act is done Section 596: with authority: (1) If the principal gives information to a third party that he or she has given authority to another person to act on his or her behalf or leads the third party to so believe, the principal shall be liable for any act done by the agent on his or her behalf unless the third party has come to know or has reasonable ground to know that the authority has not been so given. Section 596, Sub-section (2): In the cases referred to in sub-section (1), the principal may be liable even for the act done by the agent beyond the authority if there is a reasonable ground for the third party to believe that the agent has authority. National Civil Code 2074