15 JULY 2008. - Law relating to the accession of Belgium:

- the Convention on the Limitation on the International Sale of Goods, made in New York on 14 June 1974, and
- Protocol Amending the Convention on the Limitation on the International Sale of Goods, done at Vienna on 11 April 1980 (1) (2)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Convention on the Limitation on the International Sale of Goods, made in New York on 14 June 1974, will come out of its full effect.
Art. 3. The Protocol amending the Convention on the Limitation on the International Sale of Goods, done at Vienna on 11 April 1980, will come out of its full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 15 July 2008.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Justice,
J. VANDEURZEN
Seal of the state seal,
Minister of Justice,
J. VANDEURZEN
____
Notes
(1) Session 2007-2008.
Senate.
Documents. - Bill tabled on 31 January 2008, No. 4-544/1. - Report, number 4-544/2.
Annales parliamentarians. - Discussion, meeting of May 8, 2008. - Vote, meeting of 8 May 2008.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 52-1150/1. - Text adopted in plenary and subject to Royal Assent, No. 52-1150/2.
Annales parliamentarians. - Discussion, meeting of June 19, 2008. - Vote, meeting of 19 June 2008.
(2) These acts come into force with respect to Belgium on 1^er March 2009.

Convention on the Limitation on the International Sale of Goods, made in New York on 14 June 1974
Preamble
States Parties to this Convention,
Considering that international trade is an important factor in promoting friendly relations among States,
Believing that the adoption of uniform rules governing the limitation period for the international sale of tangible objects would facilitate the development of world trade,
The following agreed:
PART I^er. - General provisions
Scope
Article 1
1. This Convention determines the conditions under which the rights and reciprocal actions of a buyer and a seller, derived from an international sale contract of tangible objects, or in respect of a breach of that contract, its resolution or its invalidity, may no longer be exercised due to the expiration of a certain period of time. This period of time is referred to in this Convention by the expression "the limitation period".
2. This Convention shall not affect a period in which a party must give notification to the other party or perform any act other than the opening of a proceeding, under penalty of not exercising its right.
3. In this Convention:
(a) the terms "buyer", "sale" and "part" means persons who purchase or sell or who have committed themselves to buying or selling tangible household goods, and persons who are their successors or who cause the rights and obligations arising out of the sale contract;
(b) the term "creditor" means any party claiming a right, whether or not it has the purpose of paying a sum of money;
(c) the term " debtor " means any party against which a creditor claims a right;
(d) the term "contract breach" means any failure by a party of its obligations or any execution that is not in accordance with the contract;
(e) the term "procedure" means any judicial, arbitral or administrative proceedings;
(f) the term "person" must also be understood by any corporation, association or entity, whether private or public, capable of serving justice;
(g) the term "written" must also be understood by telegrams or telex;
(h) the term "year" means a year counted according to the Gregorian calendar.
Article 2
For the purposes of this Convention:
(a) a contract for the sale of tangible objects shall be deemed to have an international character if, at the time of the conclusion of the contract, the buyer and the seller have their establishment in different States;
(b) the fact that the parties have their place of business in different States may only be taken into account if the contract or negotiations between the parties or information provided by them prior to the conclusion of the contract or at that time;
(c) if a party to a contract for the sale of tangible objects has establishments in more than one State, the establishment is the one that has the closest relationship with the contract and its execution in respect of the circumstances known or envisaged by the parties at the time of the conclusion of the contract;
(d) if a party does not have an establishment, its usual residence will be considered;
(e) neither the nationality of the parties nor the civil or commercial quality or character of the parties or the contract shall be taken into account.
Article 3
1. This Convention shall apply only if, at the time of the conclusion of the contract, the parties to an international contract for the sale of tangible objects have their place of business in Contracting States.
2. Except as otherwise provided in this Convention, this Convention shall apply without regard to the law applicable under the rules of private international law.
3. This Convention does not apply where the parties have expressly excluded its application.
Article 4
This Convention does not govern sales:
(a) tangible furniture items purchased for personal, family or domestic use;
(b) at auction;
(c) on seizure or otherwise by judicial authority;
(d) securities, trade and currency effects;
(e) vessels, vessels and aircraft;
(f) electricity.
Article 5
This Convention does not apply to rights based on:
(a) any injury or death of a person;
(b) any nuclear damage caused by the thing sold;
(c) any privilege, pledge or other security;
(d) any decision or arbitral award made following a proceeding;
(e) any enforceable title according to the law of the place where execution is requested;
(f) any currency letter or cheque or promissory note.
Article 6
1. This Convention does not apply to contracts in which the preponderant portion of the seller's obligations is a supply of labour or other services.
2. Contracts for the supply of tangible furniture items to be manufactured or produced, unless the party that orders the thing has to provide an essential part of the elements necessary for the manufacture or production.
Article 7
In the interpretation and application of this Convention, it will be taken into account its international character and the need to promote its uniformity.
Duration and starting point of limitation period
Article 8
The limitation period is four years.
Article 9
1. Subject to the provisions of Articles 10, 11, and 12, the limitation period shall be short from the date on which the action may be exercised.
2. The starting point of the limitation period is not delayed:
(a) where a party gives the other party a notification within the meaning of paragraph 2 of Article 1, or
(b) where the arbitration agreement provides that no right shall be born until an arbitral award has been rendered.
Article 10
1. An action resulting from a breach of the contract may be exercised from the date that the contravention occurred.
2. An action based on a lack of conformity of the thing may be exercised from the date on which the thing was actually delivered to the buyer or the offer of surrender of the thing refused by the buyer.
3. An action based on a dol committed prior to the conclusion of the contract or at the time of that conclusion or resulting from subsequent fraudulent acts may be exercised, for the purposes of section 9, from the date on which the fact was or should reasonably have been discovered.
Article 11
If the seller has given, with respect to the thing sold, an express warranty valid for a certain period of time or otherwise determined, the limitation period for a claim based on the warranty begins to run from the date on which the buyer notify the seller of the fact that the action is being carried out and, at the latest, from the expiration date of the warranty.
Article 12
1. Where, in the cases provided by the law applicable to the contract, a party declares the contract resolution before the date fixed for its execution, the limitation period shall be short from the date on which the declaration is addressed to the other party. If the contract resolution is not declared before the date fixed for execution, the limitation period shall run only from that date.
2. The limitation period of any right based on the non-performance by a party of a contract providing for benefits or short instalment payments, for each of the successive obligations, from the date on which the non-performance that affects them occurred. Where, according to the law applicable to the contract, a party declares the resolution of the contract as a result of that non-performance, the limitation period for all successive obligations short from the date on which the declaration is addressed to the other party.
Cessation of course and extension of time
Article 13
The limitation period ceases to run when the creditor performs any act which, according to the law of the jurisdiction seized, is considered to be introductive of a judicial procedure against the debtor. The same is true when the creditor forms an application in the course of an already initiated procedure that demonstrates his willingness to assert his right against the debtor.
Article 14
1. When the parties have agreed to submit their dispute to arbitration, the limitation period ceases to run from the date on which one of the parties initiates the arbitration proceedings in the manner provided for by the arbitration agreement or by the law applicable to that proceeding.
2. In the absence of any provision in this regard, the arbitration proceedings shall be deemed to be commenced on the date on which the application for arbitration is notified to the habitual residence or establishment of the other party or, if not, to its last residence or its last known establishment.
Article 15
In any procedure other than those provided for in Articles 13 and 14, the limitation period shall cease to run when the creditor asserts his right to obtain recognition or enforcement, subject to the provisions of the law governing this procedure.
These include procedures introduced on occasion:
(a) the death or incapacity of the debtor,
(b) bankruptcy or insolvency in respect of all debtor property, or
(c) the dissolution or liquidation of a corporation, association or entity where the corporation is the debtor.
Article 16
For the purposes of sections 13, 14 and 15, a counterclaim is considered to have been filed on the same date as the act relating to the right to which it is opposed, provided that both the main application and the counterclaim derive from the same contract or several contracts entered into during the same transaction.
Article 17
1. Where a proceeding has been filed pursuant to sections 13, 14, 15 or 16 before the expiry of the limitation period, the limitation period shall be deemed to have continued to run if the proceedings have ended without a decision on the merits of the case.
2. When, at the end of this procedure, the limitation period had expired or had to expire in less than one year, the creditor has a period of one year from the end of the proceedings.
Article 18
1. A procedure against a debtor shall cease the course of the limitation in respect of a co-debiter in solidarity if the creditor informs the latter in writing of the introduction of the procedure before the expiry of the limitation period provided for in this Convention.
2. When a procedure is introduced by a sub-acquirer against the buyer, the limitation period provided for in this Convention shall cease to run, in respect of the buyer's appeal against the seller, if the buyer has informed the seller in writing before the expiry of that period of time, of the introduction of the procedure.
3. Where the procedure referred to in paragraphs 1^er and 2 of this Article has ended, the limitation period for the recourse of the creditor or the purchaser against the debtor in solidarity or against the seller is deemed not to have ceased to run under subsections 1^er and 2 of this article, however, the creditor or the purchaser has an additional period of one year from the date on which the procedure ended, if at that time the limitation period has expired or if it is less than one year to run.
Article 19
When the creditor performs, in the State where the debtor has his place of business and before the expiry of the limitation period, an act other than those provided for in Articles 13, 14, 15 and 16 which, according to the law of that State, has the effect of reopening a limitation period, a new period of four years begins to run from the date fixed by that law.
Rule 20
1. When, prior to the expiry of the limitation period, the debtor acknowledges in writing its obligation to the creditor, a new four-year limitation period begins to run from the said recognition.
2. The payment of interest or partial execution of an obligation by the debtor has the same effect for the application of paragraph 1^er of this section that recognition, if it may reasonably be deducted from that payment or performance that the debtor recognizes its obligation.
Article 21
Where, due to circumstances that are not attributable to the obligee and that it could not avoid or overcome, the obligee is unable to stop the limitation course, the period is extended by one year from the time the circumstances have ceased to exist.
Amendment of the limitation period by the parties
Article 22
1. The limitation period may not be changed, or its course changed, by a declaration of the parties or by agreement between them, except in the cases provided for in paragraph 2.
2. The debtor may at any time, during the limitation period, extend this period by a written declaration addressed to the creditor. This statement may be renewed.
3. The provisions of this article shall not affect the validity of any clause in the contract of sale stipulating that the arbitration procedure may be initiated within a limitation period more briefly than that provided for in this Convention, provided that the said clause is valid under the law applicable to the contract of sale.
General limitation of the limitation period
Article 23
Notwithstanding the provisions of this Convention, any limitation period shall expire no later than ten years after the date on which it began to run in accordance with articles 9, 10, 11 and 12 of this Convention.
Effects of expiry of limitation period
Article 24
The expiry of the limitation period shall be taken into consideration in any proceedings only if invoked by the interested party.
Rule 25
1. Subject to the provisions of paragraph 2 of this article and those of Article 24, no right shall be recognized or rendered enforceable in any proceedings commenced after the expiry of the limitation period.
2. Notwithstanding the expiry of the limitation period, a party may invoke a right and oppose it to the other party as a means of defence or compensation, provided, in the latter case:
(a) both receivables are born from the same contract or several contracts entered into during the same transaction; or
(b) that claims may have been compensated at any time before the expiry of the limitation period.
Rule 26
If the debtor fulfils his obligation after the expiry of the limitation period, he does not have the right to request restitution, even if he did not know at the time of the performance of his obligation that the limitation period had expired.
Rule 27
The expiry of the limitation period for the principal of the debt has the same effect on the interests of the debt.
Calculation of the limitation period
Rule 28
1. The limitation period is calculated to expire at midnight on the day on which the date corresponds to the day on which the period began to run. ÷ default date, the limitation period expires at midnight on the last day of the last month of the term.
2. The limitation period is calculated by reference to the date on which the procedure is initiated.
Rule 29
If the last day of the statute of limitations is a holiday or any other day of a judicial holiday obstructing the commencement of proceedings in the jurisdiction where the creditor initiates judicial proceedings or claims a right as provided for in articles 13, 14 or 15, the limitation period shall be extended so as to include the first useful day following the said holiday or judicial holiday.
International impact
Rule 30
For the purposes of this Convention, the acts and circumstances provided for in articles 13 to 19 that have been performed or have been carried out in a Contracting State shall be effective in another Contracting State, provided that the creditor has made all due diligence to inform the debtor at short notice.
PART II. - Application methods
Rule 31
1. Any Contracting State that includes two or more territorial units in which, according to its constitution, different systems of law apply in matters governed by this Convention may, at the time of signature, ratification or accession, declare that this Convention shall apply to all its territorial units or only to one or more of them and may at any time amend this declaration by making a new declaration.
2. These statements will be communicated to the Secretary-General of the United Nations and will expressly indicate the territorial units to which the Convention applies.
3. If a Contracting State referred to in paragraph 1^er of this article shall not make any declaration at the time of signature, ratification or accession, the Convention shall apply to the entire territory of that State.
Rule 32
Where, in this Convention, reference is made to the law of a State in which different legal systems apply, this reference shall be construed as referring to the law of the legal system concerned.
Rule 33
Each Contracting State shall apply the provisions of this Convention to contracts which have been concluded from the entry into force of the Convention.
PART III. - Statements and reservations
Rule 34
Two or more Contracting States may declare at any time that the contracts of sale between sellers having their place of business in the territory of one of these States and buyers having their place of business in the territory of another of these States shall not be governed by this Convention because, on the materials it decides, they shall apply identical or neighbouring legal rules.
Rule 35
Any Contracting State may declare, at the time of deposit of its instrument of ratification or accession, that it shall not apply the provisions of this Convention to actions for the cancellation of the contract.
Rule 36
Any State may declare, at the time of deposit of its instrument of ratification or accession, that it is not required to apply the provisions of Article 24 of this Convention.
Rule 37
This Convention does not derogate from the conventions already concluded or to conclude and which contain provisions concerning matters governed by this Convention, provided that the seller and the buyer have their place of business in States parties to any of these conventions.
Rule 38
1. Any Contracting State that is a party to an existing convention relating to the international sale of tangible objects may declare, at the time of deposit of its instrument of ratification or accession, that it shall apply this Convention exclusively to contracts for the international sale of tangible objects defined in this existing convention.
2. This declaration shall cease to have effect on the first day of the month following the expiration of a period of twelve months after a new convention on the international sale of tangible objects, concluded under the auspices of the United Nations, has entered into force.
Rule 39
No other reservation other than those made in accordance with Articles 34, 35, 36 and 38 of this Convention is permitted.
Rule 40
1. The declarations made under this Convention shall be addressed to the Secretary-General of the United Nations and shall take effect on the date of entry into force of this Convention with respect to the reporting State. Statements made after this entry into force will take effect on the first day of the month following the expiration of a period of six months after the date of their receipt by the Secretary-General of the United Nations.
2. Any State having made a declaration under this Convention may at any time withdraw it by a notification addressed to the Secretary-General of the United Nations. This withdrawal takes effect on the first day of the month following the expiration of a period of six months after the date on which the Secretary-General of the United Nations has received notification. In the case of a declaration made under article 34, it shall also render null and void, from the date of its taking of effect, any reciprocal declaration made by another State under that same article.
PART IV. - Final provisions
Rule 41
This Convention shall be open for signature by all States at United Nations Headquarters until 31 December 1975.
Rule 42
This Convention is subject to ratification. Instruments of ratification will be deposited with the Secretary-General of the United Nations.
Rule 43
This Convention shall remain open to the accession of any State. Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Rule 44
1. This Convention shall enter into force on the first day of the month following the expiration of six months after the date of the deposit of the tenth instrument of ratification or accession.
2. For each State ratifying or acceding to the Convention after the deposit of the tenth instrument of ratification or accession, the Convention shall enter into force on the first day of the month following the expiration of a period of six months after the date of the deposit by that State of its instrument of ratification or accession.
Rule 45
1. Each Contracting State may denounce this Convention by notification addressed to this effect to the Secretary-General of the United Nations.
2. The denunciation shall take effect on the first day of the month following the expiration of a period of twelve months after the date on which the Secretary-General of the United Nations has received notification thereof.
Rule 46
The original of this Convention, of which the English, Chinese, English, French, Russian and Spanish texts are equally authentic, will be deposited with the Secretary-General of the United Nations.

Protocol Amending the Convention on the Limitation on the International Sale of Goods, done at Vienna on 11 April 1980
States Parties to this Protocol,
Considering the importance of international trade for the promotion of friendly relations among States,
Believing that the adoption of uniform rules applicable to the limitation period for the international sale of goods would promote the development of world trade,
Considering also that an amendment to the Convention on the Limitation on the International Sale of Goods, concluded in New York on 14 June 1974 (Convention of 1974 on the Limitation), in order to harmonize its provisions with those of the United Nations Convention on Contracts for the International Sale of Goods, concluded in Vienna on 11 April 1980 (Convention on the Sale of 1980), would facilitate the adoption of uniform rules applicable to the limitation period contained in the Convention on the Limitation,
Agreed to amend the 1974 Limitation Convention as follows:
Article I^er
(1) Paragraph 1^er section 3 is replaced by the following provision:
« 1) This Convention only applies:
(a) if, at the time of the conclusion of the contract, the parties to an international contract for the sale of tangible objects have their place of business in Contracting States; or
(b) if the rules of private international law apply to the contract of sale the law of a Contracting State. »
(2) Paragraph 2 of Article 3 is deleted.
(3) Paragraph 3 of Article 3 therefore becomes paragraph 2.
Article II
(1) Paragraph (a) of section 4 is deleted and replaced by the following provision:
"(a) tangible furniture items purchased for personal, family or domestic use, unless the seller, at any time before the conclusion or at the conclusion of the contract, did not know and was not expected to know that these items were purchased for such use."
(2) Paragraph (e) of section 4 is deleted and replaced by the following provision:
"(e) of ships, ships, aerogliders and aircraft".
Article III
New paragraph 4 below is added to section 31:
“4. If, pursuant to a declaration made in accordance with this Article, this Convention applies to one or more of the territorial units of a Contracting State, but not to all, and if the establishment of a party to the contract is located in that State, that establishment shall, for the purposes of this Convention, be considered not located in a Contracting State, unless it is located in a territorial unit to which the Convention applies. »
Article IV
The provisions of section 34 shall be deleted and replaced by the following:
“1. Two or more Contracting States which, in matters governed by this Convention, apply identical or neighbouring legal rules may at any time declare that the Convention shall not apply to contracts for the international sale of goods where the parties have their place of business in those States. Such statements may be made jointly or unilaterally and reciprocally.
2. A Contracting State which, in matters governed by this Convention, applies legal rules identical to or similar to those of one or more non-contracting States may at any time declare that the Convention shall not apply to contracts for the international sale of goods where the parties have their place of business in those States.
3. Where a State in respect of which a declaration has been made under paragraph 2 of this article becomes subsequently a Contracting State, the declaration referred to shall, from the date on which this Convention comes into force with respect to that new Convention Contracting State, the effects of a declaration made under paragraph 1^erprovided that the new Contracting State associates itself or makes a unilateral declaration on a mutual basis. »
Article V
The provisions of Article 37 shall be deleted and replaced by the following text:
"This Convention does not apply to an international agreement already concluded or to conclude which contains provisions concerning matters governed by this Convention, provided that the seller and the buyer have their place of business in States parties to this Agreement. »
Article VI
The following provision is added at the end of paragraph 1^er of Article 40:
"The unilateral and reciprocal statements made under Article 34 shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the last declaration by the Secretary-General of the United Nations. »
FINAL PROVISIONS
Article VII
The Secretary-General of the United Nations shall be designated as depositary of this Protocol.
Article VIII
(1) This Protocol shall be open to the accession of all States.
(2) The accession to this Protocol by a State that is not a Contracting Party to the 1974 Limitation Convention shall have the effect of accession to the Convention as amended by this Protocol, subject to the provisions of Article XI.
(3) Instruments of accession shall be deposited with the Secretary-General of the United Nations.
Article IX
(1) This Protocol shall enter into force on the first day of the sixth month following the deposit of the second instrument of accession, provided that:
(a) that the 1974 Limitation Convention is itself in force on that date, and
(b) that the 1980 Sales Convention is also in force on that date.
If these Conventions are not both in force on that date, this Protocol shall enter into force on the same day that both are in force.
(2) For each State that accedes to this Protocol after the second instrument of accession has been deposited, this Protocol shall enter into force on the first day of the sixth month following the deposit of its instrument of accession, if at that date the Protocol is itself in force. If, on that date, the Protocol itself is not yet in force, it will enter into force with respect to that State on the date of its entry into force.
Article X
If a State ratifys or accedes to the Limitation Convention of 1974 after the entry into force of this Protocol, such ratification or accession shall also constitute accession to this Protocol provided that the State shall notify the depositary of such notification.
Article XI
Any State that becomes a Contracting Party to the 1974 Limitation Convention as amended by this Protocol under Article VIII, Article IX or Article X of this Protocol, and that does not address a notification in a manner contrary to the depositary, shall be considered as a Contracting Party to the 1974 Limitation Convention not amended in its relations with any Contracting Party to that latter Convention that has not become a Contracting Party to this Protocol.
Article XII
Any State may declare, at the time of deposit of its instrument of accession or notification under Article X, that it will not be bound by Article 1 of the Protocol. A declaration under this article shall be made in writing and formally notified to the depositary.
Article XIII
(1) Any Contracting State may denounce this Protocol by notification to that effect to the depositary.
(2) The denunciation shall take effect on the first day of the month following the expiration of a period of twelve months from the date of receipt of the notification by the depositary.
(3) Any Contracting State in respect of which this Protocol shall cease to have effect under paragraphs 1^er and 2 of this Article shall remain a Contracting Party to the 1974 Convention on Unamended Limitation, except denunciation of this Convention pursuant to Article 45.
Article XIV
(1) The depositary shall transmit to all States a certified conformity of this Protocol.
(2) When this Protocol enters into force in accordance with Article IX, the depositary shall prepare the text of the 1974 Convention on Limitation as amended by this Protocol and shall send a certified copy thereof to all States parties to that Convention as amended by this Protocol.
Done in Vienna, the eleven April, nine hundred and eighty, in a single original, whose English, Arabic, Chinese, Spanish, French and Russian texts are also authentic.

Convention on the Limitation on the International Sale of Goods,
on 14 June 1974
For the consultation of the table, see image

Protocol Amending the Convention on the Limitation on the International Sale of Goods,
made in Vienna on 11 April 1980
For the consultation of the table, see image

Convention on the Limitation on the International Sale of Goods, made in New York on 14 June 1974, amended by the Protocol of 11 April 1980
For the consultation of the table, see image