11/1975 Coll.
DECREE
Minister of Foreign Affairs
of 27 June. November 1974
on the Convention on the contract for the international carriage of goods by road
(CMR)
Change: 108/2006 Coll.
On 19 December. May 1956 was negotiated in Geneva Convention on the contract for the
international carriage of goods by road (CMR).
President of the Republic ratified the Convention subject to its article 47.
Charter of the Czechoslovak Socialist Republic on access has been saved
with the Secretary-General of the United Nations, depositary of the Convention,
on 4 April 2006. September 1974.
Convention entered into force on the basis of article 43 on the day 2. July
1961 and for the Czechoslovak Socialist Republic on 3 June 2006. December
1974.
Czech translation of the Convention shall be published at the same time.
Minister:
Ing. Chňoupek v.r.
CONVENTION
on the contract for the international carriage of goods by road (CMR)
The Contracting Parties
uznavše the effectiveness of a single regulatory conditions of the contract of carriage in the
international road freight transport, in particular as regards the transport
the documents used for this transport and the liability of the carrier,
have agreed as follows:
CHAPTER I
The scope of the
Article 1
1. This Convention shall apply to every contract for the carriage of shipments per
payment for a road vehicle, if the place of receipt of the consignment, and
the projected place of delivery as set out in the Treaty, is in
two different States of which at least one is a Contracting State of the
Of the Convention. This provision applies regardless of the permanent place of residence and the State
the jurisdiction of the party.
2. for the purposes of this Convention means the term "vehicles" motor
vehicles, semitrailers, trailers and semi-trailers as defined in
Article 4 of the Convention on road traffic of 19 September. September 1949.
3. this Convention applies even if they are of the transport, covered by the,
conducted directly States or State institutions or State
organisations.
4. the Convention does not apply
and transportation) to be implemented under the international postal conventions,
(b) the transport of corpses)
(c)) on the transportation of migratory habits.
5. the Contracting Parties undertake not to conclude between themselves special
bilateral or multilateral agreements, which contain derogations from
This Convention, with the exception of agreements governing rules out force of this Convention
for their border traffic or governing the performance of transport permits
limited only to their territory using the náložného worksheet.
Article 2
1. If bulk vehicle while being transported in one section of the transport route after
Sea, rail, inland waterway or air, by
This Convention on the entire carriage drive was the consignment, except in the
in the cases referred to in article 14, translated. When it is shown, however, that
loss, damage or exceeding of the delivery period arising during transportation
other mode of transport than road were not caused by an act or
omission of the road carrier, but events that could occur just
during transportation and, due to this other mode of transport, not
the liability of the road carrier in this Convention; in this case,
corresponds to the road of the carrier to the extent that they would respond to the carrier
another mode of transport than road, between him and the sender
to the conclusion of the contract of carriage according to the provisions applicable to the species concerned
transport. However, if there are such provisions, the liability of the carrier
This Convention.
2. If the carrier by road Is also the carrier of another mode of transport,
matches also in accordance with paragraph 1, but as if his activity as a
road carrier and its activity as a carrier of a different kind of transport
than road are performed by two different people.
CHAPTER II
Persons for whom the carrier is responsible
Article 3
When you use this Convention, the carrier is responsible for the acts and omissions of their
representatives and workers and all other people, where it's at
implementation of the transport, as for its own acts and omissions, provided
that such agents, servants or other persons are acting within the framework of their
work tasks.
CHAPTER III
The conclusion and execution of contract of carriage
Article 4
The proof of conclusion of the contract of carriage is a consignment note. In the absence of
Bill of lading, if deficiencies or if it was lost, it is not the existence of
or the validity of the contract of carriage without prejudice and subject to continue to
the provisions of this Convention.
Article 5
1. the consignment note shall be made out in three original copies
signed by the sender and by the carrier. Allows the legal system of the State,
in which a bill of lading issued, these signatures can be printed
or replaced by the stamps of the sender and the carrier. The first copy of the
the sender will receive a bill of lading, the second shall accompany the consignment, and the third
leaves the carrier.
2. If you need to dispose of the shipment on the vehicle, or if it is a different
species or separate part of the consignment, have the sender or carrier
the right to apply for the issue of so many bills of lading, how many of the vehicles is to be
used, or how many species or separate parts of the consignment is
to dispose of.
Article 6
1. The consignment note shall contain the following information:
and) place and date of issue
(b) the name and address of the sender),
(c) the name and address of the carrier),
d) place and date of the shipment and the place of destination,
(e) the name and address of the recipient),
(f)) to the normal naming nature of transported things and kind of package; for things
the dangerous nature of their generally accepted designation,
(g)) the number of pieces of their special marks and numbers
(h) the gross weight of the consignment) or otherwise expressed by the quantity of the item
I) costs associated with transport (freight charges, fees, duties, and
other expenditure arising from the moment of conclusion of the contract until the release
shipments),
j) instructions needed for customs and other official meetings,
to) an indication that the shipment despite any opposite clause is subject to the
the provisions of this Convention.
2. the consignment note shall contain the following data:
and the prohibition of transhipment)
b) expenditure that takes the sender yourself,
(c)) the amount of cash on delivery, which is to be collected on delivery of the consignment,
(d) the indication of the prices of the consignment and the) amount expressing a special interest in delivery,
(e) the shipper) the guidelines relating to the insurance of the consignment,
f) agreed a time limit within which the carriage is to be performed,
g) list of documents transmitted by the carriers.
3. the parties may write to the consignment note any other particulars which
deemed useful.
Article 7
1. the sender shall be responsible for all costs and damages incurred by the
the carrier as a result of inaccuracies or incompleteness of
and the data referred to in article) 6 (1). 1 (b). (b)), d), (e)), f), (g)), h), and
(j)),
(b)) the data referred to in article 6 (1). 2,
(c) any other information or) the instructions that he gave for exposure
the Bill of lading, or to their recording in the cargo.
2. If the carrier writes on request of the consignor in the consignment note
the information referred to in paragraph 1 of this article, it is considered that, if it is not
to the contrary, that acted on behalf of the sender.
3. If the consignment note does not contain the indication referred to in article 6 (1). 1 (b).
k), the carrier is responsible for any and all lawful costs and damages incurred by the
the basis of this omission.
Article 8
1. in the receipt of the consignment for carriage, the carrier shall review the
and accuracy of the information in the consignment) Letter on the number of pieces and their tags and
numbers,
(b)) the apparent shipment status to its packaging.
2. If the carrier does not have the appropriate means to examine the accuracy of the
the data referred to in paragraph 1 (b). and this article) writes to the
the Bill of lading reservation, with their justification. They must also justify
all of the objections made to the apparent condition of the consignment and its packaging.
These reservations shall not bind the sender unless it is a in the cargo letter
expressly acknowledged.
3. the sender has the right to require the carrier to the gross weight of the consignment examination
or the quantities, expressed in a different way. It may also apply
examination of the contents of the individual items. The carrier shall be entitled to
reimbursement of the costs associated with this exercise. The result of that
the examination shall be recorded in the cargo.
Article 9
1. the consignment note is, if it is not to the contrary, a credible proof of
the conclusion and contents of the contract of carriage, as well as of receipt of the shipment
by the carrier.
2. If the consignment note does not contain the carrier with their reservations on the grounds
applies the legal presumption that the consignment and the packaging at the time of takeover
the carrier in good apparent condition and that the number of pieces, their marks and numbers
match the data in your worksheet.
Article 10
The sender corresponds to the carrier for damage caused to persons, on the operating
devices or other consignments of defects in packaging, as well as for
all the expenses incurred for this reason, unless the defect was apparent
or the carrier known at the time of receipt of the consignment and the carrier did not have to do this
reservations.
Article 11
1. the sender is required to connect to the consignment note or give carriers
available documents needed for customs and other official acts
carried out before the release of the shipment and provide it with all the information about the
that requests it.
2. the carrier is not obliged to examine if the documents and information is correct and
pleasant. The sender corresponds to the carrier for any damage resulting from
Therefore, they are not papers or have not been given the necessary information, or
the documents and information is incomplete or incorrect, unless of course it is not about
the lack of due to the carrier.
3. The carrier is liable as a Commissioner for the consequences of loss or
the incorrect use of the documents in the cargo letter referred to and
attached or the shippers of the cast; However, it is required to replace a maximum of
the amount you would have paid when loss of the consignment.
Article 12
1. the sender shall be entitled to dispose of the consignment, in particular
to require the carrier to stop the shipment, change the place of delivery or
the release of the shipment to another recipient, than that which was mentioned in the consignment data sheet.
2. However, this right shall cease to exist when the second copy of the consignment note is
handed over to the consignee or when the consignee exercises his right under article 13
paragraph. 1; from that point, the carrier is obliged to follow the commands
of the recipient.
3. However, the beneficiaries of the right of disposition immediately from the time of exposure
Bill of lading in this case, if it is made by the sender in this
the meaning of the record.
4. If the recipient during the performance of their disposition of the rights to issue the command
the consignment to another person, that person can no longer determine the additional recipients.
5. The performance of the disposition of the rights subject to the following conditions:
and the sender or, in the case of) referred to in paragraph 3 of this article
a beneficiary who wishes to exercise the right shall be obliged to report on the first
preparation of Bill of lading in which shall be entered the new commands
the carrier, and pay all costs and damages incurred by the
perform the following commands;
(b)) must be able to execute commands when you run out of a person that is
It has done, and must not interfere with the normal operation of the business or dopravcova
cause damage to senders or recipients of other consignments;
c) commands must not lead to the Division of the consignment.
6. If the carrier of the reasons referred to in paragraph 5 (b). (b)) of this
Article perform commands, it is granted shall be obliged to immediately inform the person
from which these commands received.
7. Carrier will not perform commands given to him under the provisions of this
Article, or that it will carry out, without requiring the submission of the first
copies of the Bill of lading, corresponds to the creditor for damage by
caused.
Article 13
1. As soon as the consignment at the place designated for delivery, the recipient has
entitled to require the carrier to against issued the second copy
the Bill of lading and shipment. If the detected loss of consignment or
in the absence of the shipment within the time limit referred to in article 19, the recipient is entitled to
exercise in its own name against the carrier arising from the contract of carriage.
2. the beneficiary of the rights granted to him under paragraph 1
This article, is obliged to pay the amount specified in the consignment data sheet.
If no agreement is reached in this respect, it is not the carrier must give the consignment,
unless the customer has provided a guarantee.
Article 14
1. where the performance of the contract of carriage under the conditions laid down in
the consignment is, or becomes even before shipment to the place of dojitím
its delivery for any reason impossible, the carrier is obliged to request
the instructions from the person entitled to dispose of the consignment referred to in article 12.
2. However, if the circumstances so permit, carry out the shipment, under the conditions
derogating from the conditions laid down in the cargo and the carrier sheet
could not receive the instructions within a reasonable time from the person entitled to dispose of the
shipment pursuant to article 12, the carrier shall take such measures as
considered to be in the interest of the person entitled to dispose of the consignment at the best.
Article 15
1. If, after having shipment came to the place of delivery, there are
obstacles in the delivery, the carrier requests instructions from the sender. The refusal of the
the recipient of a shipment, the sender has the right to dispose of the consignment without
He had to report the first copy of the consignment note.
2. Even if the recipient refused shipment, you may request its release until the
than the carrier receives from opposite directions.
3. If circumstances preventing delivery of the consignment after the recipient has already
put on the basis of their privileges in accordance with article 12, paragraph 1. 3 order to issue
the consignment to another person, when applying the provisions of paragraphs 1 and 2
This article on instead of the sender of the recipient and to the place of the recipient of this
the other person.
Article 16
1. the carrier is entitled to reimbursement of expenses incurred by requesting him or
you follow the instructions, unless such expenses there will be his fault.
2. in the cases referred to in article 14, paragraph 1. 1 and article 15 may
the carrier immediately fold the consignment on behalf of authorized; composition of the consignment is
transport shall be considered terminated. The carrier takes over the consignment into custody;
It may, however, entrust the third person and is then responsible only for the careful selection of
This third person. The shipment to continue to stick to obligations resulting from
the Bill of lading and all other expenses.
3. the carrier may proceed to the sale of the consignment, without waits for instructions
authorized, in the case of perishable shipments or
justifies such a procedure if the shipment status, or if the expenses for
storage facilities are disproportionate to the value of the consignment. Otherwise, you may also access
the sale, if not received within a reasonable time after the opposite instructions
whose implementation it can be reasonably required in the circumstances.
4. where pursuant to the provisions of this article, the consignment must be sold,
the proceeds of sale, after deduction of the amounts on the item given to the váznoucích
available to the creditor. If these amounts are higher than the proceeds of the sale,
the carrier has the right to difference.
5. the procedure for the sale is governed by the laws or practices of the place where
the consignment is located.
CHAPTER IV
Liability of the carrier
Article 17
1. The carrier is liable for the total or partial loss of goods and for
its damage, which arises from the moment of receipt of the consignment for carriage
up to the time of its release, as well as for exceeding the delivery time.
2. the carrier shall be relieved of this responsibility, if the loss of the consignment,
its damage or exceeding of the delivery period was caused by a legitimate,
use authorized, which has not been invoked by the negligence of the carrier, its own
defective shipments or circumstances which the carrier could not stave off and whose
the consequences of the delete is not in his power.
3. The carrier shall not be relied upon, in an attempt to relieve its responsibilities,
or defects of the vehicle used for the transport, or the fault or an accident
the person from whom the hired vehicle, or its agents or employees.
4. the carrier is taking into account the provisions of article 18 paragraph 1. 2 to 5
be relieved of liability if the loss or damage of the Special
the risk associated with one or more of the following:
and the use of open vehicles without) sails, if such use
vehicles expressly agreed and noted in the cargo letter;
b) missing packaging, or defective packing of the shipment, which is for its nature,
If it is not properly packed or not packed at all, exposed to losses or
damage;
c) manipulation, loading, stowage or unloading of the shipment by the sender,
recipient or persons acting for sender or recipient;
(d) the natural nature of a particular product), which is subject to total or
partial loss or to damage, especially heart, rust, internal mess,
drying or burning., opened, releases, normal wastage, or the action of vermin or
rodents;
e) inadequate or defective tag or the number of individual pieces of the consignment;
f) carriage of live animals.
5. Does not correspond to the carrier under this article for some of the circumstances
that caused the damage corresponds to the to the extent to which the circumstances under which
According to this article matches, have contributed to the damage.
Article 18
1. Proof that the loss of the consignment, its damage or exceeding the
delivery time incurred any of the reasons referred to in article 17, paragraph 2. 2,
It belongs to the carrier.
2. If the carrier proves that, under the circumstances of the case, could the loss or
damage to the shipment of one or of several special
the risk referred to in article 17, paragraph 2. 4, it shall be deemed to have arisen from the
these dangers. The person entitled may, however, prove that the damage was not
caused by either whole or in part any of these hazards.
3. the presumption referred to in paragraph 2 shall not apply in the case referred to in article
Article 17(1). 4 (b). and), in the case of an unusually large loss or loss of
single piece shipments.
4. where the transport is carried out with a vehicle equipped with such a device that
the shipment is being protected from the influence of heat, cold, temperature fluctuations or prior
humidity, the carrier may rely on article 17 paragraph 2. 4 (b). (d))
only in this case, if he proves that he has taken all under the
circumstances pertaining to measures with regard to the selection, maintenance and use
These devices, and that he drove the specific guidelines that have been
awarded.
5. the carrier may invoke article 17 paragraph 2. 4 (b). (f)),
If he proves that he has taken all the measures was under the circumstances
obliged to do so, and that he drove the specific guidelines that have been granted to him.
Article 19
Exceeding the delivery period occurs when, if the consignment has not been released in the
the agreed time limit, and if the time limit was not negotiated, but exceeds the actual
duration of transport, taking into account the circumstances and when the component nakládkách
in particular, taking into account the time needed to build the wagon
time that can be expected from a close of the carrier.
Article 20
1. The person entitled may, without further evidence, consider consignment lost,
If issued within 30 days after the expiry of the agreed period, and if not
the time limit agreed upon, within 60 days after receipt of the shipment by the carrier for carriage.
2. The person entitled may on receipt of compensation for the lost shipment in writing
ask to be informed without delay if the shipment will be found in the
one year after the payment of compensation. Of the filing of this request, he shall issue to the
written confirmation.
3. within 30 days after receipt of the report to find the consignment the competent
request that the shipment was released to him, however, they must meet the obligations arising
of the Bill of lading and return, if applicable, compensation received after deduction of
expenses that were included in it; However, he retains the right to claim
damage for exceeding the delivery period referred to in article 23 or 26.
4. He has not submitted a request to the authorized in accordance with paragraph 2, or if the time limit did not give
30 days guidelines referred to in paragraph 3, or if the consignment was found only after the
one year after the payment of compensation, the carrier may deal with
consignment in accordance with the law in force in the place where the consignment is located.
Article 21
If the consignment is issued to the beneficiary, without, in the terms of carriage
the contract is cash on delivery, the carrier selected must provide to the sender
damages up to the amount of the cash on delivery; However, the recipient has a right against the penalty.
Article 22
1. If the sender Submits to transport a dangerous shipment shall be obliged to
notify the carrier of the exact nature of the danger of this consignment
Therefore, where appropriate, to tell him what security measures need to be taken.
If this warning is not to be written in the sheet, it is the responsibility
the sender or recipient to prove by other means that the carrier knew
the exact nature of the danger associated with the shipment.
2. the carrier may dangerous cargo, the hazardous nature of the
the meaning of paragraph 1 of this article, at any time and anywhere,
destroy or defuse, and without any obligation to compensate for damage;
In addition, the sender is responsible for all costs and damages incurred by the
submitting such a shipment for carriage or the carriage.
Article 23
1. where the carrier under the provisions of this Convention, the obligation to pay compensation
for total or partial loss of goods, the refund is calculated from the value of
the consignment at the place and time of its acceptance for carriage.
2. the value of the shipment is determined by the stock market prices, and if there is no stock
the price, based on current market prices, and if there is even a stock market or common market
price, according to the General value of goods of the same nature and quality.
3. The compensation shall not exceed the 8.33 units of account per
kilogram of gross weight.
4. In addition, the duty is paid by the freight and other expenses incurred in connection
with the shipment, and at a complete loss in full and partial
loss pro rata; other damages are not reimbursable.
5. If the delivery period is exceeded, and authorized proves that the damage
for this reason, the carrier is liable to pay to the extent of the damage
the carriage charge.
6. higher compensation may be required only to the extent provided for in article 24 and 26
given the price of the shipment or special interest in delivery.
7. The unit of account mentioned in this Convention is the special drawing right
as defined by the International Monetary Fund. The amount referred to in
paragraph 3 of this article shall be converted into national currency of the State where the
the Court is hearing the case, based on the value of that currency on the date of
the judgment is delivered or on the date on which the parties agree. The value of the
the national currency-in terms of special drawing rights – a State that is a
a member of the International Monetary Fund, shall be calculated in accordance with the applicable
the method of assessment used by the International Monetary Fund for its
operations and transactions at the time. The value of the national currency within the meaning of
special drawing rights-State which is not a member of the International
Monetary Fund, calculated in a way determined by the State.
8. However, a State which is not a member of the International Monetary Fund and whose
the laws do not allow the application of the provisions of paragraph 7 of this article, you may
When the ratification of the Protocol to the Convention on the contract for the international carriage of
carriage of goods (CMR) or when you access this Protocol or at any time
at a later time, declare that the limit of liability as defined in paragraph 3
This article, which is to be applied in its territory will be 25 currency
units. The monetary unit referred to in this paragraph corresponds to 10/31
grams of gold fineness of 900/1000. The transfer of the quantities referred to in this
paragraph into national currency shall be carried out in accordance with the laws of the
State.
9. the calculation mentioned in the last sentence of paragraph 7 of this article and the conversion
referred to in paragraph 8 of this article shall be constructed so that the message expressed in the
the national currency of the State as far as possible the same real value
the amounts referred to in paragraph 3 of this article, which is expressed in the
units of account. States shall notify the Secretary-General of the Organization of the
the United Nations, the method of calculation referred to in paragraph 7 of this article, or
the result of the conversion in paragraph 8 of this article when you save documents
referred to in article 3 of the Protocol to the Convention on the contract for the international
the carriage of goods by road (CMR) and whenever it occurs in things change.
Article 24
The sender can pay the agreed surcharge to freight-related fields, in the
truck price sheet shipments over the limit laid down in article 23 of the
paragraph. 3 and in this case, when the price of this boundary is replaced.
Article 25
1. When the damage to the shipment shall be borne by the carrier the amount by which its
the value of reduced; the amount is calculated from the value determined in accordance with
Article 23, paragraph 1. 1, 2 and 4.
2. The compensation may not, however, exceed:
and) if the whole consignment lost value through damage, the amount which would
paid off when her total loss;
b) if only part of the shipment lost value through damage, the amount which would
paid off when the lost part of the consignment.
Article 26
1. the sender may pay a surcharge to freight-related fields, agreed to give
in the cargo letter the amount of special interest in delivery, in case
of its loss or damage or exceeding of the delivery period.
2. If it was given special interest in delivery, you may, independently of the compensation
the damages provided for in articles 23, 24 and 25 to demand the compensation of other
proven damages up to the amount specified interest in delivery.
Article 27
1. The person entitled may claim interest on compensation. Such interest in the amount of 5
% per annum shall be calculated from the date of the sending of a written complaint to the carrier, and
If the complaint is filed, the date of the actions before the Court.
2. If the amount of compensation is calculated, expressed
in the currency of the State in which the payment of the refund is required, the
currency conversion according to the current exchange rate valid on the day and at the place of payment of the
the refund.
Article 28
1. If the loss of the consignment, its damage or exceeding of the delivery period
for transport to which this Convention applies, the lead under the relevant
legislation to apply non-contractual claims, the carrier may
refer to the provisions of the Convention which exclude his liability or
which fix or limit the compensation due.
2. If the shipment is lost, when it is damaged, or when crossing
delivery times applied to claims of non-contractual liability against some
of the persons for whom the carrier referred to in article 3 is equivalent to, can this person
also refer to the provisions of the Convention which exclude liability
the carrier or which fix or limit the compensation due.
Article 29
1. The carrier shall not invoke the provisions of this chapter which
exclude or limit his liability or carry the burden of
If the damage was caused intentionally or in such a fault, which
According to the law of the Court in which the legal case, it considers
equivalent to.
2. The same shall apply even if the intent or fault
representatives or employees committed the carrier or another person used
the carrier to perform the carriage, and if such agents, servants
or another person to act in the framework of their work tasks. In such a
a case such agents, servants or other persons also cannot
rely, in respect of their personal liability, the provisions of this
Chapter referred to in paragraph 1.
CHAPTER V
Complaints and claims
Article 30
1. If the recipient Took the consignment, together with the carrier without detected properly
her condition was reported by the carriers or reservations, stating the General data about the
the nature of the loss or damage, not later than upon receipt of the shipment, if the
loss or damage clearly noticeable, and not later than 7 days from the date of
the release of a shipment, excluding Sundays and holidays, in the case of loss of
or damage to the apparently invisible, it is considered that, unless proved to the contrary,
they received a shipment in a State referred to in the consignment data sheet. In the case of loss of
or damage to the apparently invisible, above the reservation must be made
in writing.
2. If the status of the shipment Was properly detected by the consignee and the carrier, it is against
the result of such findings, the evidence is admissible only if it is a loss of
or damage to the apparently invisible, and if the recipient is sent a written reservation
the carrier within 7 days after that finding, not counting Sundays and recognised
national holidays.
3. the right to compensation for exceeding the delivery period may be exercised only
at that time, if the carrier was sent to the written reservation within 21 days after the
the shipment was made available to the recipient.
4. The date of issue of the consignment or as circumstances day determine the status of the shipment
or the day on which the shipment was made available to the recipient, to the time-limits
referred to in this article shall not be counted.
5. the carrier and the consignee shall reasonably to each other
facilitate the implementation of the necessary findings and investigation.
Article 31
1. Disputes arising from transportation subject to this Convention, the plaintiff may lead,
If it does not result in the courts of the Contracting States designated by agreement between the parties, the courts
of the State in whose territory the
and the defendant resides), the main seat of the undertaking or branch or
Agency through which the contract of carriage has been concluded,
or
(b)) is the place where the shipment was taken over for transport or the place designated for
its publication;
in other courts, the plaintiff cannot sue.
2. If a dispute referred to in paragraph 1 of this article discussed
action brought before a court competent under that paragraph, or where in
such a dispute, the Court handed down a judgment may be made for the same reason
a new action between the same parties, unless the decision of the Court before which the
the first action was discussed, it is not enforceable in the State in which the
given the new action.
3. Where the dispute referred to in paragraph 1 of this article, the judgment of the
should it be a Court of a Contracting State in that State
enforceable, it becomes enforceable in all other Contracting
States once they have been met in the respective State of the prescribed formalities.
These formalities cannot, however, be the basis for a retrial.
4. The provisions of paragraph 3 of this article shall apply to judgements issued by the
in contentious proceedings, judgments in the absence of the parties and the court settlements;
However, do not apply to interim judgements or to a judicial decision,
for the total or partial rejection of application stores, the applicants
In addition to the costs and damages and interest.
5. From the citizens of the Contracting States who are resident or registered place of business in the
one of these States, you cannot require guarantees to ensure the
the cost of the judicial proceedings related to the application of the entitlements of the transports
under this Convention.
Article 32
1. Claims arising out of carriage to which this Convention applies, shall be barred after
one year. In the case of intent or fault, which according to the
the rights court, which is hearing the case, considered as equivalent
intention, the limitation period is three years. The period of limitation shall start to run:
and partial loss of the shipment), when it is damaged, or when crossing
delivery time on the date of release of the shipment;
(b)) when a complete loss on the thirtieth day after the expiry of the agreed delivery date, and
If the delivery period is agreed upon, the sixtieth day after receipt of the consignment
by the carrier;
c) in all other cases the expiration of three months from the date of the conclusion of the
the contract of carriage.
The date on which the period of limitation begins to run, the limitation period does not count.
2. a written claim puts the limitation period up to the date on which the carrier
rejects the claim in writing and returns the documents attached to it. If
claim partially acknowledged, the limitation period runs only on that part of the
the complaint, which remained controversial. Evidence of receipt of the complaint or
the response to it, and on the return of documents, it is for that side, that these
fact relies. Later complaints in the same case the limitation period
do not build.
3. With the exception of the provisions of paragraph 2 shall be governed by the building of the limitation period
laws in force in the courts, in which the legal case. The same is true
to interrupt the limitation period.
4. claims are time barred can no longer apply or mutual action, or
objections.
Article 33
The contract of carriage may contain a clause establishing the jurisdiction of the
the Court of arbitration, but only under the condition that the clause assumes that the
the Court of arbitration will be decided under this Convention.
CHAPTER VI
The provisions on the carriage to be carried out successively by several carriers
Article 34
If, on the basis of a single contract of carriage performed transport gradually
several road carriers, each of them takes over the responsibility for the
the implementation of all stages of transport; the second and each succeeding carrier becoming
by taking over the consignment and the consignment note to the party under the conditions
set out a consignment note.
Article 35
1. The carrier who assumes the shipment from a previous carrier shall cast
This dated and signed confirmation. On the other copy of the Bill of lading
sheet is required to write your name and address. If necessary, record the
on this copy, as well as the confirmation of reservations of that kind, such as
referred to in article 8 (2). 2.
2. for the relationship between the carriers undertaking carriage of gradually
the provisions of article 9.
Article 36
Claims from liability for the loss of the cargo, for damage thereto or for the
delivery time may be exceeded, except in cases of mutual actions, or
objections to claims based on the same contract of carriage,
apply an action only against the first carrier, the last carrier or
against the carrier that performed the part of carriage, during which there was a
the event, which is the cause of the loss of the consignment, its damage or
exceeding the delivery period; action may be brought at the same time even against the
several of these carriers.
Article 37
The carrier, which according to the provisions of this Convention, damages,
It has, in terms of paid compensation, interest and expenses, the right of recourse against
carriers, who have participated in the implementation of transport, according to these
the provisions of:
and the carrier whose conduct) was caused by damage, shall be obliged to bear alone
its replacement, whether he paid, or another carrier;
(b)) if the damage was caused by an act of two or more carriers, each
of them to pay an amount corresponding to the proportion of its responsibility; If you cannot
share the responsibility to provide for, corresponds to each carrier in proportion to the
the share of freight charges, which he is entitled;
(c)) If you cannot determine which of the carriers has the responsibility, the
refund in proportion referred to in (b)) between all carriers.
Article 38
If any of the carriers unable to pay, the amount of which shall be allocated to the
He fell and that did not pay, among all the other carriers in the
proportion to their shares of the carriage charge.
Article 39
1. the carrier against which penalties are applied as referred to in articles 37 and
38, has no right to deny the legitimacy of the payment made by the carrier
applying the penalties, if the damages determined by the Court
and he was duly summoned and management had the opportunity to take part in it.
2. the carrier who wants to exercise the recourse in court, it may do so before the
the competent court of the State in which it has any of the participating carriers
permanent place of residence or principal place of business, branch or agency
through which the contract was concluded. The penalty may
be exercised only in the same Court an action against all involved
carriers.
3. the provisions of article 31, paragraph 2. 3 and 4 shall also apply to judgments about the penalties
as referred to in articles 37 and 38.
4. The provisions of article 32 shall also apply to claims between carriers. The limitation
However, the period shall start to run on the date of acquisition of legal power the final judicial
decision fixing the amount of compensation was determined under the provisions of
This Convention and the absence of such a decision on the date of actual payment
the refund.
Article 40
The carrier may agree between themselves the provisions derogating from articles 37
and 38.
CHAPTER VII
The invalidity of provisions which are in contravention of the Convention
Article 41
1. all arrangements that directly or indirectly derogate from the
the provisions of this Convention, except the provisions of article 40 of the invalid and
legally ineffective. The nullity of such agreement does not result in
the nullity of the other provisions of the Treaty.
2. Invalid clauses are, in particular, all of which the carrier
Advanced claims from insurance of the consignment or any other similar
the clause, as well as all of the clauses which carries the burden of proof.
CHAPTER VIII
Final provisions
Article 42
1. This Convention may sign or accede to it, the Member States
Economic Commission for Europe and States admitted to the Commission in an advisory capacity
pursuant to paragraph 8 of the mandate of this Commission.
2. States authorized to participate in accordance with paragraph 11 of the mandate of the European
the Economic Commission for some of its work may become Contracting
Parties to this Convention by acceding to the date of its effectiveness.
3. it is possible to sign the Convention until 31 December 2006. August 1956 inclusive. After that date it is
possible to accede to.
4. the Convention is subject to ratification.
5. Ratification or access to the Convention shall be effected by the competent
an instrument with the Secretary-General of the United Nations.
Article 43
1. this Convention shall take effect on the ninetieth day after five of the States
referred to in article 42 paragraph 1. 1 saves the instrument of ratification or instrument of
access to the Convention.
2. for each State which ratifies this Convention or accedes thereto after the
deposit instruments of ratification or instruments of access five States shall take
the effectiveness of this Convention the ninetieth day after the deposit of its instrument of ratification
instrument or instrument of accession.
Article 44
1. each Contracting Party may denounce this Convention notification
the Secretary-General of the United Nations.
2. The denunciation shall take effect twelve months after the date on which the General
the Secretary-General has received notification of the dismissal.
Article 45
If after the entry into force of this Convention as a result of the statements made by a number of
the Contracting Parties to less than five, the Convention shall cease to be effective on the date
the last of these is effective upon notice.
Article 46
1. any State may, when depositing its instrument of ratification or instrument of
access or at any later time declare in a notification to the
the Secretary-General of the United Nations that this Convention shall
will pay on all territories or on one of the territories, which represents
in international relations. In the territory or territories named in the notice
the Convention will apply starting on the ninetieth day after the date of the General
the Secretary has received this notification, and if the Convention did not take to this day
more efficiency, on the day of its effectiveness.
2. Any State which makes a declaration under the preceding paragraph, that
This Convention shall apply to any territory in international relations
He represents, the Convention with respect to that territory, in accordance with article 44
to terminate.
Article 47
Any dispute between two or more Contracting Parties concerning the interpretation or
application of this Convention, which the parties failed to settle by negotiation or
otherwise, you may be on the application of any interested parties
submitted to the decision of the International Court of Justice.
Article 48
1. each Contracting Party may, when signing, ratifying or acceding to this Convention,
or, when you access it, declare that it does not consider itself bound by article 47
Of the Convention. Other Contracting Parties shall not be bound by article 47 against the Contracting
the party which has made such a reservation.
2. A Contracting Party which has made a reservation in accordance with paragraph 1, it may
at any time withdraw the reservation by notifying the Secretary-General
Of the United Nations.
3. No other reservation to this Convention is not permitted.
Article 49
1. After the expiry of the three-year life of this Convention any Contracting
Party may request by notifying the Secretary-General of the Organization
the United Nations the convening of a Conference for the purpose of reviewing this Convention.
The Secretary-General shall notify all Contracting Parties of the request and
shall convene a review conference if he shall communicate at least one fourth of the Contracting Parties
consent to this request within four months from the date on which the notification was sent by.
2. If a Conference is convened under the preceding paragraph, it shall inform the
the Secretary General of all the Contracting Parties and invite them to within three months
submit proposals, on which the Conference are asking for. General
the Secretary-General shall notify all Contracting Parties the provisional agenda for the
the Conference, as well as the texts of the proposals at least three months before the date of the initiation of the
the Conference.
3. The Secretary-General shall invite to any conference convened in accordance with this
Article all the States referred to in article 42 paragraph 1. 1, as well as the States which
have become Contracting Parties under article 42 paragraph 1. 2.
Article 50
In addition to the information referred to in article 49, the Secretary-General understands that the
The United Nations, States referred to in article 42 paragraph 1. 1, as well as
States which have become Contracting Parties under article 42 paragraph 1. 2,
and the ratifications and approaches) in accordance with article 42,
(b)) about the data which this Convention becomes effective in accordance with article 43,
(c) denunciations in accordance with article) 44,
(d)) on the expiry of this Convention in accordance with article 45,
(e)) of the notifications received in accordance with article 46,
(f)) of the reservations and notifications received in accordance with article 48 paragraph 2. 1 and 2.
Article 51
After 31 December 2006. August 1956, the original of this Convention shall be deposited with the
Secretary-General of the United Nations, who shall transmit certified identical
copies to all the States referred to in article 42 paragraph 1. 1 and 2.
In witness whereof, the duly authorised, have signed this
The Convention.
Done at Geneva on the nineteenth of may tisícdevětsetpadesátšest in a single
copy in the English and French languages, both texts being equally
the same force.
Annex
PROTOCOL OF SIGNATURE
On the occasion of the signing of the Convention on the contract for the international
road freight transport agreed with subscribers, duly authorized, on
This statement and explanation:
1. this Convention shall not apply to shipments between the United Kingdom of
Of Great Britain and Northern Ireland and the Republic of Ireland.
2. With respect to article 1 (1). 4
The undersigned undertake to discuss the Convention on the contract for the removal and
agreement on combined transport.
In witness whereof, the duly authorised, have signed this
Protocol.
Done at Geneva on the nineteenth of may tisícdevětsetpadesátšest in a single
copy in the English and French languages, both texts being equally
the same force.
