The Law of Bailment in Sudan: Comparative insights from English law and proposals for reform

Résumé

 

Bailment is an important legal relationship that facilitates the temporary transfer of movable property possession. The transfer can be for different reasons, while ownership in all cases remains with the bailor. This paper examines the concept of bailment in both English and Sudanese law, with particular emphasis on its definition, legal nature, and practical applications. This study further investigates the main types of bailment, the duties imposed on bailees, and the varying standards of care required in different categories of bailment. Special attention is given to commercial bailees whose activities involve the possession or transportation of goods, including common carriers, warehouse companies and innkeepers. We also discuss the controversial situation of banks providing safe deposit box services. This paper compares the degree of liability imposed on bailees and explores the policy considerations underlying the stricter standards applied to certain categories, especially common carriers.

Through a comparative analysis of English and Sudanese legal principles, this study identifies several gaps and practical challenges affecting the regulation of bailment in Sudan.

The paper concludes by proposing a number of recommendations aimed at modernizing and strengthening the law of bailment in Sudan. These include legislative reforms, clearer rules governing commercial bailees, and the adoption of more comprehensive provisions related to warehouse operators, common carriers, and bank safe deposit box services. Such reforms would enhance legal certainty, improve property interest protection, and promote confidence in commercial transactions involving bailment.