15/1988 Coll.
The Decree
Minister of Foreign Affairs
from day 4. September 1987
of the Vienna Convention on the law of the contract
Change: 9/2014 Sb. m.s.
On 23 December 2005. in May 1969 was adopted in Vienna, the Vienna Convention on the contract
law of the sea.
With the Convention have expressed their consent of the Federal Assembly of the Czechoslovak
the Socialist Republic. The instrument of accession of the Czechoslovak
the Socialist Republic to the Vienna Convention on the law of the contract was saved
the UN Secretary-General 29 April. July 1987, provided that
Czechoslovak Socialist Republic do not feel bound by the provisions of the
Article 66 of the Convention and declares, in accordance with the principle of sovereign equality
States that, in any event, to submit the dispute to the International Court
the Court of Justice or arbitration required the consent of all parties to the dispute.
Convention entered into force, pursuant to article 84, paragraph. 1 day 27.
January 1980. For the Czechoslovak Socialist Republic entered in the
force in accordance with article 84, paragraph. 2 day 28. August 1987.
Czech translation of the Convention shall be published at the same time.
Minister:
Ing. Now in r.
The Vienna Convention
about contract law
The preamble to the
States that are parties to this Convention,
Bearing in mind the fundamental role of treaties in the history of international relations,
Recognizing the increasing importance of the treaties as a source of international law and
a resource for the development of peaceful cooperation between Nations, regardless of their
the State and social establishment,
Noting that the principles of free consent, good faith and pacta
sunt servanda rule are universally recognized,
Affirming that disputes concerning contracts must, as well as other
international disputes resolved by peaceful means and in accordance with the principles of
Justice and international law,
Recalling the commitment of the people of the United Nations to create the conditions for the
which may be preserved, justice and respect for obligations arising from the
contracts,
having regard to the principles of international law embodied in the Charter of the
The United Nations, such as the principle of equality of peoples and
their right to self-determination, the principle of the sovereign equality and independence
all States, the principle of non-interference in the internal affairs of States, the principle of
prohibition of the threat or use of force and the principle of universal recognition and
respect for human rights and fundamental freedoms for all,
believing that the codification and progressive development of the law of contract,
achieved in this Convention will be used to achieve the objectives of the
The United Nations proclaimed in the Charter, such as the maintenance of international
peace and international security, the development of friendly relations between peoples and
the implementation of international cooperation,
Affirming that the rules of international law will continue to be common
Edit questions, which are not governed by the provisions of this Convention,
they agree on this:
Part I
Introductory provisions
Article 1
The scope of the Convention
This Convention applies to the contract between the States.
Article 2
Used expressions
1. for the purposes of this Convention:
the "agreement") is an international agreement concluded between States in written form,
management, international law, drawn up in a single or in two or more
related papers, whatever its name any;
(b)) "ratification", "acceptance", "approval", "access" is in each
cases as follows, named the international act whereby a State reflected on
the international field of their consent to be bound by the Treaty;
(c)) "power of Attorney" is issued by the competent authority of the State, which is
one or more persons authorized to represent the State in the negotiations, the adoption of the
or verification of the text of the Treaty, express consent of the State to be bound by the
the Treaty, or to perform any other Act that applies to the contract;
d) "reservation" is one-sided, however formulated, or marked
the statement, made by a State when signing, ratifying, accepting or
approval of the contract or when the access to it, which the State intends to
to exclude or modify the legal effect of certain provisions of the Treaty in
their use against that State;
(e)) "the State zúčastnivší the negotiations" is a State that has participated in the
the development and adoption of the text of the Treaty;
f) "Contracting State" is the State that has expressed consent to be bound by the
Agreement, whether entered into force, or not;
g) "Contracting Party" is a State that has expressed agreement with the
bound by the Treaty, and to which the contract is in force;
h) "third State" is the State which is not party to the Treaty;
I) "international organization", is an intergovernmental organization.
2. The provisions of paragraph 1 of the terms used in the Convention do not have
impact on the use of those terms or their meaning, which may be given by the
in the national law of any State.
Article 3
International agreements, to which the Convention does not apply
The fact that this Convention does not apply to international agreements concluded
between States and other subjects of international law or between these
other subjects of international law, nor to the international agreement, which
have not been agreed upon in writing, do not:
and) on the lawfulness of such agreements;
(b)) to the use of any of the rules contained in the Convention, which would
subject to such an agreement under international law independently of the
This Convention;
(c) the application of the Convention), on the relations between the States, which are governed
international agreements, the parties are also other bodies
of international law.
Article 4
The exclusion of the reverse Convention
This Convention applies only to contracts concluded between the States until
the Convention entered into force against them, without prejudice to all the rules in it
contained, relating to a treaty under international law
independently of this Convention.
Article 5
The Treaty establishing an international organization and of the Treaty adopted in
the international organization
This Convention applies to any treaty which is the founding
the Charter of an international organization and to any treaty adopted in
an international organization, without prejudice to any relevant rules of the
the organization.
Part II
The conclusion of treaties and their entry into force
Section 1:
Conclusion of contracts
Article 6
Capacity of States to conclude treaties
Each State has the competence to conclude treaties.
Article 7
Power of Attorney
1. A person shall be considered as representative of the State for acceptance or verification
the text of the Treaty or for the expression of the consent of the State that would be bound by the
the Treaty:
and submit the proper) if the power of Attorney; or
(b)) if the practice of the relevant States or from other circumstances that
It was their intention to consider this person for a representative of the State, for the
operations and to dispense with the submission of a power of attorney.
2. By virtue of their functions and without submission of a power of Attorney for the representative of the
my State shall be considered as:
and) the heads of State, heads of Government and Ministers for Foreign Affairs, and for the
all acts associated with negotiating the Treaty;
(b) the head of the diplomatic mission), and for the adoption of the text of the Treaty between the
sending State and the receiving State;
(c) authorised representatives of the States) International Conference, the international
the organization or any of its organs, for the adoption of the text
the Treaty at this Conference, in this organization or authority.
Article 8
Additional confirmation of an act performed without authorization
The Act is related to the negotiation of the Treaty and carried out by a person in accordance with
Article 7 cannot be regarded as authorised to represent the State for this
the purpose is legally ineffective unless it is subsequently confirmed by that State.
Article 9
The adoption of the text
1. The Text of the Treaty is adopted, with the exception of the cases referred to in paragraph 2,
with the consent of all the States that are involved in its development.
2. The Text of the Treaty is adopted at the International Conference, a two-thirds
a majority of the States present and voting, unless these States the same
the majority decided to use another rule.
Article 10
Verification text
The text of the Treaty becomes original and final:
and maintained) if the procedure provided for in the text or agreed upon in the States that
participated in the drafting of the Treaty, or
(b)) is not if such a procedure, so the signature, signature ad referendum
or initialling of the text of the Treaty or of the final act of the Conference
that contains the text, and that the representatives of these States.
Article 11
Ways of expressing consent to be bound by the Treaty
Approval of the State that will be bound by the Treaty, can be expressed
the signature of the documents making up the agreement, in Exchange, the ratification of the Treaty, the
adoption, approval of, or access to it or any other agreed
in a way.
Article 12
Consent to be bound by the Treaty expressed by signature
1. the consent of a State that will be bound by the Treaty, the signature of the
the representative of this State if:
and) the Treaty provides that signature will have this effect;
(b)) is otherwise confirmed, that the States which participated in the negotiations,
agree that the signature will have this effect;
(c)) the intention of the State to the signature of this effect stems from the full power of its
representative or was expressed during the negotiation.
2. For the purposes of paragraph 1:
and the initialling of the text) has effects of signature of the contract, if it is confirmed that the
as agreed by the States that took part in the negotiations;
(b) the signature ad referendum agreement) the representative of the State has definitive effects
the signing of the Treaty, this State has been confirmed.
Article 13
Consent to be bound by the agreement, expressed in exchange of instruments constituting the
the Treaty
The consent of States to be bound by this agreement, which consists of mutually
exchanged instruments, expresses this Exchange:
and if the Charter) provides that the Exchange will have this effect; or
(b)) if otherwise confirmed, that the States have agreed that the exchange of the instruments will be
to have this effect.
Article 14
Consent to be bound by the Treaty expressed by ratification, acceptance or
the approval of the
1. the consent of a State that will be bound by the Treaty,
ratification, if:
and) the Treaty provides that such consent is expressed by ratification;
(b)) is otherwise confirmed, that the States which participated in the negotiations,
agree that the ratification will be required;
(c)) State representatives signed subject to ratification; or
(d)) the intention of the State to sign the treaty subject to ratification from the full results
the power of its representative or was expressed during the negotiation.
2. the consent of a State that will be bound by the Treaty, is expressed by the adoption of
or approval under the same conditions as for the ratification.
Article 15
Consent to be bound by the Treaty, expressed approach
Approval of the State that will be bound by the Treaty, expressed approach,
If:
and the contract provides that) such consent may express
access;
(b)) is otherwise confirmed, that the States which participated in the negotiations,
agree that this State may express its consent to such access; or
(c)), all parties agree that later such consent may
This State to express access.
Article 16
Exchange or deposit of instruments of ratification, acceptance, approval
or access
Unless the contract provides otherwise, the instruments of ratification, acceptance,
approval or accession establish the consent of a State that would be bound by the
contract date:
and their exchange between the Contracting) States;
b) their deposit with the depositary; or
(c) their notification to the Contracting States) or to the depositary, if so
agreed.
Article 17
Consent to be bound by the parts of the contract and the choice of different provisions of
1. Without prejudice to articles 19 to 23, the consent of the State that would be bound by parts
the contract, effective only if the Treaty so permits or concurs with
by the other Contracting States.
2. the consent of a State that would be bound by the Treaty, which acknowledges the choice
between differing provisions is effective only if they are clearly
provisions, to which the agreement applies.
Article 18
The commitment of the subject matter and purpose of the Treaty, spinster aunts, before its entry into force
The State is obliged to refrain from acts that could thwart the subject matter and purpose of the
the contract, if:
and) signed or traded instruments constituting the treaty subject to the
ratification, acceptance or approval, until it clearly showed the intention that the
does not intend to become its contracting party; or
(b)) in the period preceding the entry into force of the Treaty, expressed its
agree that it will be bound by the Treaty, and provided that the entry
the Treaty enters into force is not unduly oddalován.
Section 2:
Reservations
Article 19
The formulation of reservations
State may, when signing, ratifying, accepting, approving, or contract
access to formulate a reservation unless:
and such a treaty is a reservation) is disabled;
(b)) provides that the contract may be made only to certain reservations, between
which is not such a reservation;
(c)) in cases not falling under points) and (b)), is such a reservation
incompatible with the object and purpose of the Treaty.
Article 20
The acceptance of reservations and objections to reservations
1. The reservation which the contract expressly admits, does not require subsequent
the adoption of the other Contracting States, unless provided for by treaty.
2. If a limited number of States that participated in the negotiations, and of the
subject matter and purpose of the Treaty, it follows that its implementation as a whole all the
by the parties is an essential condition of the consent of each of them with
that will be bound by the Treaty, must be accepted by all the Contracting
the parties.
3. If the contract Is the founding Charter of the international organization and is not a
unless otherwise specified, it shall be accepted by the competent authority of the
the organization.
4. For the cases that are not listed in the preceding paragraphs, and
unless the contract provides otherwise,
and the adoption of reservations) the second Contracting State becomes a State reservation
made by a party in relation to that other State if it is
the contract is in force or will enter into force for such States;
(b) objection to the reservation), raised by the other Contracting State, shall not prevent the
ensure that the agreement is in force between the State, which has made
the objection, and a State which has made a reservation, unless a State which has made
the objection, clearly expressed the opposite intention;
(c) an act expressing the consent of the State) that will be bound by the Treaty, and
containing a reservation is effective as soon as at least one of the other
the Contracting States of this reservation.
5. For the purposes of paragraphs 2 and 4 and unless the contract provides otherwise, shall be deemed to
the reservation is accepted, if the State raised any objection against the reservation
within twelve months from the date when he received notification of the reservation, or to
the date on which it expressed agreement with the fact that it will be bound by the Treaty, and in accordance with the
that is the later of those days.
Article 21
Legal effects of reservations and of objections to reservations
1. The reservation made in respect of the other Contracting Party in accordance with articles
19, 20 and 23:
and for the State), which has made a reservation in its relations with the other
party to the provisions of the Treaty to which the reservation relates to the extent of this
reservations; and
(b) the following provisions) to the same extent for that other Contracting
the party in its relations with the State, which has made a reservation.
2. The reservation does not modify the provisions of the Treaty for the other parties in the
their mutual relations.
3. If a State which objected to the reservation, say
against the entry into force of the Treaty between it and the State, which has made
a reservation, then between the two States shall not apply to the extent that this reservation
the provisions to which the reservation relates.
Article 22
The appeal of the reservations and objections to reservations
1. Unless the contract provides otherwise, a reservation may be withdrawn at any time,
without the consent of the State which has accepted the reservation.
2. Unless the contract provides otherwise, may be objection to a reservation at any time
revoked.
3. Unless the contract provides otherwise or unless otherwise agreed to, then
and the reservation becomes effective) appeals against another Contracting State on the date on
When he received the notice of the withdrawal of reservations;
(b) objections to the reservation) the revocation shall take effect on the date on which the State
which formulated the reservation, received the notice of appeal objected to
the reservation.
Article 23
Management of reservation
1. a Reservation, an express acceptance of a reservation and objection to a reservation must be
formulated in writing and communicated to the Contracting States and the other States that are
may become Contracting Parties.
2. A reservation formulated when signing the treaty subject to ratification,
acceptance or approval must be explicitly committed by the State, that it
made, when expressing its consent to be bound by the Treaty.
In this case, the reservation will be considered to be made on the date of confirmation.
3. Express acceptance of a reservation or objection to a reservation not required
confirmation, if it were made before confirmation of the reservation.
4. Revocation of reservations or objections to a reservation must be formulated
in writing.
Section 3:
Entry into force and provisional application of the agreements
Article 24
Entry into force of the
1. the contract shall enter into force on the date specified in the way and its
provisions or the agreement states that participated in the negotiations.
2. If there is no such provisions or such agreement, the contract shall enter in the
force, as soon as consent to be bound by the Treaty had been expressed
all the States that took part in the negotiations.
3. If the State agree that it will be bound by the Treaty, after its
entry into force, the Treaty shall enter into force for this State on the date of
the expression of its consent, if it is not otherwise specified.
4. the provisions of the treaty governing the verification of the text, the expression of consent
States that are bound by the Treaty, the manner or date of its entry into
into force, reservations, the functions of the depositary, as well as other questions necessarily
arising before the entry into force of the Treaty, shall be carried out starting from the
the adoption of the text of the Treaty.
Article 25
The provisional application
1. the contract or part thereof shall be made on a provisional basis pending its entry into
force, if
and so the Treaty lays down); or
(b)) States that participated in the negotiations, agreed about this in another way.
2. Unless the Treaty otherwise, or if the States which
participated in the negotiations, unless otherwise agreed, the provisional application
the contract or part of the contract in relation to a particular State, if this
the State shall notify the other States between which the Treaty provisionally done,
its intention is to every party.
Part III
Compliance, implementation and interpretation of treaties
Section 1:
Compliance with contracts
Article 26
Pacta sunt servanda
Each valid Treaty obliges the Contracting Parties and shall be performed by them in the
good faith.
Article 27
National law and observance of treaties
The party cannot invoke the provisions of its national law as
the reason for non-compliance with the Treaty. This rule is without prejudice to article 46.
Section 2:
The implementation of the treaties
Article 28
The exclusion of the reverse of the treaties
If the contract does not result, or does not otherwise apparent different intention,
the provisions of the Treaty do not oblige a Contracting Party in respect of any
the Act or fact, that for this party occurred in December, when for her
Treaty has entered into force, or with regard to any situation,
which to this day.
Article 29
The territorial scope of the treaties
If the contract does not result, or does not otherwise apparent different intention, commits
agreement each Contracting Party for the whole of its territory.
Article 30
The implementation of successive contracts, relating to the same subject
1. With the exception of the provisions of article 103 of the Charter of the United Nations
governing the rights and obligations of States which are parties to the consecutive
contracts relating to the same subject, the following
paragraphs.
2. If the contract is subordinated to an earlier or later treaty, the
or that is not to be regarded as incompatible with the Treaty,
the provisions of this part, the Treaty takes precedence.
3. If all Contracting Parties to the earlier treaty whether or not parties to the Treaty
later, without a contract in accordance with article 59 earlier lapse or its
the implementation was suspended, only Treaty earlier in the
to the extent that its provisions are compatible with the provisions of the Treaty
the later.
4. If all Contracting Parties to the later treaty parties to the contract
earlier, in the relations
and among the States) are parties to both treaties, as
the rules referred to in paragraph 3;
(b)) between a State which is party to both treaties and a State which is a party to
only one of them, their mutual rights and obligations regulated
the Treaty, to which both States are parties.
5. paragraph 4 shall not apply to article 41, on any question of dissolution
the contract or the interruption of its implementation under article 60 or to
any question of the responsibility of the State which may arise for a State from
the conclusion or implementation of the contract, the provisions of which are incompatible with
its obligations towards another State under another Treaty.
Section 3:
The interpretation of contracts
Article 31
The general rule of interpretation
1. the contract shall be interpreted in good faith in accordance with the usual
the meaning of which is given in the contract in terms of their overall
context, and also with regard to the subject matter and purpose of the Treaty.
2. for the purposes of the interpretation of the Treaty, in addition to the text, including the preamble and annexes,
the overall context means:
and) any agreement relating to the Treaty, which occurred between all
Parties in connection with the conclusion of the contract;
(b) any instrument made out) one or more parties in connection with the
conclusion of the contract and accepted by the other parties as an instrument
relating to the Treaty.
3. Along with the overall context will be taken into account:
and on each subsequent agreement), concerning the interpretation of the Treaty or
the implementation of its provisions, which occurred between the parties;
(b)) to any later practice in the implementation of the Treaty, which established the
the agreement of the parties regarding its interpretation;
(c)) on each of the relevant rule of international law applicable in the
relations between the parties.
4. The expression shall be understood in a special sense, it is confirmed that it was
the intention of the parties.
Article 32
The supplementary means of interpretation
Supplementary means of interpretation, including the preparatory materials for the contract
and the circumstances in which the contract was concluded, can be used either for
confirmation of the importance, which results from the application of article 31, or to determine the
meaning when the interpretation according to article 31 of the executed:
and it leaves the meaning ambiguous) or unclear; or
(b)) leads to a result which is probably protismyslný or unreasonable.
Article 33
The interpretation of the treaties, of which the original copy is in two or more languages
1. If the contract Was originally drawn up in two or more languages, has
the text equally authentic in each of these languages, if the contract
provides or the parties agree that, in the case of a difference is
a critical text.
2.-the text of the Treaty in a language other than one of those in which the text was
originally drawn up, will be considered only in the case of the original text, it
in the Treaty or agreed by the parties.
3. It is assumed that the expressions used in the contract they have in each of the
the original texts of the same meaning.
4. If, when comparing the original texts to the disparities in importance,
that cannot be removed using the articles 31 and 32, shall be adopted, with the
except when the text is referred to in paragraph 1, the
the importance with regard to the subject matter and purpose of the Treaty, these lyrics best
connects.
Section 4:
The Treaty and third States
Article 34
The general rule regarding third States
Of the Treaty there obligations or rights to a third State without its
the consent.
Article 35
The Treaty setting out the obligations of third States
A third of the State arises from the provisions of the Treaty obligation, if the parties
of this Treaty, have the intention of this provision to create commitment and
If the third State expressly accepts that obligation in writing.
Article 36
The Treaty setting out the rights of third States
1. A third State from a provision of the treaty rights, if the parties
of this Treaty, have the intention of this provision to provide this right either
to a third State or group of States to which it belongs, or to all States and to the
If the third State concerned agrees. His consent is assumed if the
There is no evidence to the contrary, unless the agreement otherwise.
2. In the exercise of the rights referred to in paragraph 1 must state conditions
laid down in the Treaty or in accordance with it.
Article 37
Cancellation or change the obligations or rights of third States
1. Where a third State in accordance with article 35, the obligation may be
the commitment of the cancelled or modified only with the consent of the Contracting Parties and third
State, unless the agreement between them was provided otherwise.
2. If the third State Was entitled under article 36, cannot be
the right of the parties repealed or amended, if it was determined that this
the law cannot be repealed or amended without the consent of the third State.
Article 38
The provisions of the Treaty, which will become binding on third States in the
as a result of the emergence of international customs
None of the provisions of articles 34 to 37 precludes any
the provisions of the Treaty to be binding for a third State as a common
the rule of international law, recognized as such a rule.
Part IV
Amendment and modification of treaties
Article 39
The general rule on the amendment of the treaties
The contract may be amended by agreement between the parties. On such an agreement, the
subject to the rules referred to in part II, unless the Treaty
otherwise.
Article 40
Amendment of multilateral treaties
1. Unless the contract provides otherwise, the amendment of multilateral treaties
in accordance with the following paragraphs.
2. Any proposal to amend a multilateral treaty in the relations between all
the parties must be notified to all the Contracting States, each of which has the right to
participate in:
and the decision on the procedure) for the consideration of this proposal,
(b)) on the negotiations and the conclusion of any agreement for the amendment of the Treaty.
3. Any State that is entitled to become a Contracting Party, may
also become a party to the contract, in which the changes were made.
4. the agreement does not bind the State of change, which is already a party to the contract and which
become a party to this agreement; in relation to it shall apply article 30
paragraph 4 (b)).
5. Any State which becomes a party to the Treaty, then, when entered in the
the validity of the agreement on its amendment, if the silence of the other intent,
considered:
and as for the contract), in which the changes were made, so
(b)) for the original of the Treaty in relation to each side of the contract, which
It is not bound by the agreement on its amendment.
Article 41
Agreement amending multilateral treaty in the relations between some of the
the parties to the
1. Two or more parties to a multilateral treaty may conclude an agreement
amending the Treaty in their mutual relations only if:
and he admits the possibility of contract) such changes;
(b) the Treaty does not prohibit such a change) and change the
I) is not on the injury or the exercise of rights arising from the contract by the other parties,
not detrimental to the performance of their obligations; and
(ii) shall not affect the provisions) the change is incompatible with the proper
subject matter and purpose of the treaty implementation as a whole.
2. If in the case referred to in paragraph 1 (b). and, unless otherwise specified in the contract)
the parties concerned must notify the other parties of its intention to close the
Agreement and to inform them about the adjustments to the treaties, which are in agreement
counts.
Part In The
Annulment, disappearance and the interruption of performance of contracts
Section 1:
General provisions
Article 42
Force and duration of validity of contracts
1. the validity of the Treaty or of the consent of the State that will be bound by the Treaty,
may be denied only under this Convention.
2. The demise of the Treaty, its denunciation or the withdrawal of a party from
the Treaty can only take place on the basis of the provisions of the Treaty or
of this Convention. The same rule applies for the interruption of the implementation of the Treaty.
Article 43
The obligations imposed by international law independently of a treaty
Annulment, disappearance or rescission, the resignation of one of the parties from
the contract or the interruption of its implementation, resulting from the implementation of this
of the Convention or of the provisions of the Treaty do not affect the obligation of the State
to fulfil the obligations contained in the Treaty, that under international law
independently of the Treaty.
Article 44
Divisibility of the Treaty provisions
1. the right of the parties to the Treaty or resulting from article 56
cancel the contract, withdraw from or suspend its implementation may
be applied only in relation to the Treaty as a whole, if the contract
or unless the parties have agreed otherwise.
2. Reason of the invalidity or termination of the contract, withdrawal from the contract or
interrupt its implementation of a recognised in this Convention, it is possible to invoke the
only in relation to the Treaty as a whole with the exception of the cases referred to in
the following paragraphs or in article 60.
3. If the reason for only certain provisions can be invoked only to him
in relation to these provisions, if:
and, these provisions can be separated) from the rest of the Treaty, as regards the
their implementation;
(b)) from the Treaty or is otherwise results confirmed that the adoption of these
the provisions for the other side or to the other Contracting Parties
the essential basis of their consent to be bound by the Treaty
as a whole; and
(c)) is not unfair to continue implementation of the remaining parts of the contract.
4. In cases covered by articles 49 and 50, the State which has
the right to invoke the fraud or corruption, either do so in relation to the
the Treaty as a whole, or, in the case referred to in paragraph 3, only in the
relation to its specific provisions.
5. in the cases covered by articles 51, 52 and 53, not divisibility
the provisions of the Treaty shall be permitted.
Article 45
Loss of right to invoke the invalidity of the Treaty or its reason
dissolution, withdrawal from or the interruption of its implementation
The State is no longer able to invoke the invalidity of the Treaty or its demise,
withdrawal from or the interruption of its implementation under articles 46 to 50
or articles 60 and 62 if, after he learned of the facts:
and) either explicitly agreed that under the circumstances a contract is either
valid or remains in force, or that it will continue its
implementation; or
(b)) must be from his behaviour that tacitly agreed, saying that according to the
the circumstances of the contract is either valid or remains in force or that the
will continue in its implementation.
Section 2:
The nullity of contracts
Article 46
The provisions of national law concerning capacity to contract
1. The fact that in the expression of the consent of the State that would be bound by the
the Treaty, in violation of any of the provisions of its national
law concerning capacity to contract, the State cannot
invoked as a reason for the cancellation of its consent unless that violation of
It was clear and concerns especially important rules of its national
rights.
2. If the Infringement is apparent, it is objectively evident to any State
further in this matter according to customary practice and in good faith.
Article 47
Specific restrictions on authority to express the consent of the State
If the authorisation of the representative to express the consent of the State that would be bound by the
a treaty, subject to specific restrictions, then the fact that the
the representative did not take into account such constraints cannot be invoked as
the reason for the cancellation of the expressed consent, unless this constraints was
notified other States participating in the negotiations before the expression of this
the consent.
Article 48
A mistake
1. a State may rely on the error in the contract as the reason for the cancellation
your consent with the understanding that it will be bound by the Treaty if the mistake relates to the
fact or situation, whose existence the State assumed in the
the time of conclusion of the contract and which were an essential basis of the consent
the State that will be bound by the Treaty.
2. Paragraph 1 shall not apply if the mentioned State contributed their behavior
This error or if the circumstances could this happen
the possibility of error.
3. the Mistake relating only to the wording of the text of the Treaty does not affect the validity of the
of the Treaty; in this case the article 79.
Article 49
Scam
If the State has entered into a contract under the influence of fraudulent acts of another State,
who participated in the negotiations, it may invoke the fraud as the reason for the
cancel your consent with the understanding that it will be bound by the Treaty.
Article 50
Corrupt representative of the State
If the expression of the consent of the State that will be bound by the Treaty,
achieved directly or indirectly by paying his agent, which
committed other State participating in the negotiations, the State relied on this
bribe as a reason for the cancellation of its consent to be bound by
the Treaty.
Article 51
Coercion of the representative of the State
Approval of the State that will be bound by the Treaty, which was reached
the representative of the State by forcing actions or threats, is without any
legal effect.
Article 52
Coercion State threat of force or use of force
Any contract, whose conclusion was reached by threat of force or
the use of force in violation of the principles of international law embodied in the Charter of the
The United Nations, is null.
Article 53
The Treaty, which are in conflict with a peremptory norm of General
international law (jus cogens)
Any contract, which at the time of its conclusion is inconsistent with the imperative
norm of general international law, is null. For the purposes of this Convention,
It is an imperative norm of general international law standard adopted and
recognised by the international community of States as a whole for the standard, which
It is not allowed to depart and which can only be changed by a new standard
General international law, of the same nature.
Section 3:
The demise of the contracts and the interruption of their implementation
Article 54
The demise of the Treaty or withdraw from it on the basis of the provisions of the Treaty or
with the consent of the parties
The demise of the Treaty or the withdrawal of a party from it may occur:
and) in accordance with the provisions of the Treaty; or
(b) at any time with the consent of all) the parties, after consultation with the other Contracting
States.
Article 55
Reducing the number of parties to a multilateral treaty below the number necessary for its
entry into force of the
Unless the contract provides otherwise, a multilateral treaty to let only from
for that reason, the number of parties has fallen below the number necessary for its entry into
force.
Article 56
Denunciation of or withdrawal from the contract, which does not contain provisions on the
the demise of the dismissal or withdrawal,
1. The Treaty, which does not contain provisions about his demise and that
doesn't anticipate that it may be cancelled or that she may be of the abovementioned
It is not possible to denounce or withdraw from it, unless:
and) it is confirmed that it was the intention of the parties admit the possibility of denunciation or
the resignation; or
(b)) the right to terminate or withdraw from it can be deduced from the nature of
of the Treaty.
2. a party shall notify at least 12 months in advance of their intention to contract
to denounce or withdraw from it, in accordance with the provisions of paragraph 1.
Article 57
The interruption of the implementation of the contract in accordance with its provisions, or with the consent of
the parties to the
The implementation of the Treaty in relation to all the parties or to a particular party may
be interrupted:
and) in accordance with the provisions of the Treaty; or
(b)) at any time with the consent of all the parties after consultation with others
the Contracting States.
Article 58
The interruption of the implementation of the multilateral treaty by agreement between certain of only
the parties to the
1. Two or more parties to a multilateral treaty may conclude an agreement about
that temporarily and only in mutual relations interrupted the implementation of the provisions of the
the contract, if:
and such) the contract acknowledges the interrupt;
(b) such interruption is not the Treaty) shall be prohibited, and provided that the interruptions
I) does not prejudice the rights or the exercise of the Treaty with regard to the second
the parties, or the performance of their obligations;
(ii)) is not incompatible with the object and purpose of the Treaty.
2. If in the case referred to in paragraph 1, letter a) the Treaty provides otherwise,
the parties concerned must notify the other parties of their intention to conclude such
Agreement and indicate the provisions of the Treaty, the implementation of which they intend to
interrupt.
Article 59
Termination of the contract or the interruption of its implementation as a result of the conclusion of the
a later treaty
1. the contract shall be considered as terminated if all the parties
conclude a contract on the same subject later and:
and from a later contract) or is otherwise confirmed that the intention of the parties
Edit the subject was by this agreement; or
(b) the provisions of the later treaty) are so incompatible with the provisions of
the contract earlier, that it is not possible to carry out both contracts at the same time.
2. The implementation of an earlier treaty only for discontinued, if
It appears from the later treaty or is otherwise confirmed that it was
the intention of the parties.
Article 60
Termination of the contract or the interruption of its implementation as a result of its
violations of the
1. A substantial violation of a bilateral treaty by one of the parties entitles
the other hand, that the cited violation of as the reason for the termination of the contract
or for the interruption of its application wholly or in part.
2. A substantial violation of a multilateral treaty by one of the parties entitles:
and the other party) interrupt the unanimous agreement of the implementation of the contract completely
or in part or to terminate it
I) either in the relations between them and the State of the contract violated;
(ii)), or between all parties;
(b) the breach of) side especially, that cited violations of as
the reason for the interruption of the implementation of the contract entirely or partially in the relations
between it and the State that the contract violated;
(c)), in addition to any State party which has violated the Treaty, in order to
cited as the reason for the interruption of the violation of the implementation of the Treaty, completely
or in part, if it comes to it, if the Treaty is of such a nature that
material breach of its provisions by one party radically changes the
the position of each of the parties, as regards the additional performance of its obligations
arising from the contract.
3. For the purposes of this article, the material breach of the agreement consists of:
and the rejection of the Treaty), to which this Convention does not permit; or
(b)) in violation of the provision which is essential for the performance of the subject and the
the purpose of the Treaty.
4. The previous paragraphs are without prejudice to any provisions of the Treaty
applicable in the event of its violation.
5. paragraphs 1 to 3 shall be without prejudice to the provisions on the protection of the human person,
that are contained in treaties of a humanitarian nature, especially
the provisions prohibiting any shut against persons protected
such treaties.
Article 61
The impossibility of performance of additional
1. a party may invoke the impossibility of performance of the contract as the reason for the
her disappearance or to withdraw from it if the impossibility results from the
permanent loss or destruction of the subject matter necessary for the implementation of the Treaty.
If the impossibility is temporary, it may be invoked only as a ground for
the interruption of the implementation of the Treaty.
2. Impossibility of performance may not be invoked as a reason for the party's demise
withdrawal from the contract or the interruption of its implementation, if the
this impossibility of performance was due to the fact that the page violates either
an obligation arising from the Treaty or other international obligation, which
any other party to the contract.
Article 62
Substantial change in the circumstances of
1. significant changes in circumstances that has occurred with respect to ratios
existing at the time of conclusion of the contract and which had not been parties to the
places, cannot be invoked as a reason for the termination of the contract or for
withdrawal from it, unless:
and the existence of these ratios was) a significant basis for the agreement of the parties with the
Thus, to be bound by the Treaty, and
(b)) this amendment fundamentally changes the scope of commitments, which are to be in accordance with the Treaty,
still satisfied.
2. significant changes in circumstances cannot be invoked as a reason for the demise of the
the Treaty or withdraw from it, if:
and as for the contract) which provides for a State border; or
b) substantial change is a consequence of the fact that the party that pleads with her,
breached an obligation arising either from contract or any other
international commitment, which it made to any other party
of the Treaty.
3. If a party referred to in the preceding paragraphs may be relied on
substantial changes to the conditions as the reason for the termination of the contract or for
withdrawal from it, you may also invoke the change as a reason for
the interruption of the implementation of the Treaty.
Article 63
Interruption of diplomatic or consular relations
Interruption of diplomatic or consular relations between parties to the contract
does not affect the legal relations that arise from the contract, with the exception of those
in cases where the duration of the diplomatic or consular relations is indispensable
for the implementation of the Treaty.
Article 64
The emergence of a new peremptory norm of general international law (jus cogens)
If a new peremptory norm of general international law, each
the contract, which is in conflict with that norm becomes void and
cease.
Section 4:
The management of
Article 65
Invalidity of the contract, about her disappearance, withdraw from the contract,
or the suspension of its implementation
1. a party that is on the basis of the provisions of this Convention, invokes either a defect
in its consent to be bound by the Treaty, or the reason for the denial of the validity of the
the contract for its demise, to withdraw from it or break it
implementation, it must notify the other parties of its claim. In the notification
the proposed measures must be stated in terms of the Treaty, and its
justification.
2. If, after the expiry of a period which, except in cases of special
urgency should not be less than three months from the date of receipt of the notification, the
No party raises an objection, the party that made the notification,
perform the intended measures in the manner referred to in article 67.
3. If, however, some of the other parties argued, the parties are
obliged to seek solutions to the means listed in article 33 of the Charter of
Of the United Nations.
4. nothing in the preceding paragraphs shall not affect the rights or obligations of the parties
resulting from the provisions on settlement of disputes, which are between them in the
the validity of.
5. the fact that a State not sending the notification prescribed in paragraph
1, shall not prevent that State to send this notification as a response to the other party,
that requires the performance of the contract or that relied on its violation of;
This is without prejudice to the provisions of article 45.
Article 66
Court, arbitration and conciliation
If, in the course of the 12 months following the date on which the
an objection, not reached a solution, in accordance with article 65
paragraph 3, proceed as follows:
and) each party to the dispute concerning the application or interpretation of article 53 or
64 may submit written submission of the dispute to the decision of the International
the Court of Justice, unless the parties jointly agree to submit the dispute
the arbitration;
(b)) each party to the dispute concerning the application or interpretation of any
another article, in the section of this Convention, may initiate the procedure referred to in
the annex to this Convention, by a request of the Secretary-General
Of the United Nations.
Article 67
Instrument of Declaration of invalidity of the contract, as extinct, the withdrawal from the
the Treaty or suspending its implementation
1. the notification referred to in article 65 paragraph 1 must be made in writing.
2. Any act declaring contract invalid or terminated
or act by which the contract or withdraws from interrupting her
the implementation based on the provisions of the Treaty or on the basis of article 65
paragraphs 2 and 3 shall be made in the form of the instrument, which shall be sent to
the other parties. If the instrument is not signed by the head of State,
the Prime Minister or the Minister of Foreign Affairs, the representative may be
the State which makes the notification, required to submit the power of attorney.
Article 68
The appeal notice and of documents referred to in articles 65 and 67
A notification or instrument provided for in articles 65 or 67 may be revoked
at any time before it enters into force.
Section 5:
Consequences of the invalidity of the Treaty, its demise or the interruption of its
the implementation of the
Article 69
Consequences of the invalidity of the Treaty
1. a contract whose invalidity is established in accordance with this Convention, it is
invalid. The provisions invalid Treaty have no legal force.
2. If, however, on the basis of such contracts were made to some acts
then:
and each party may apply) from any of the other party, in order to, if possible
in their mutual relations, a status that would have existed if the
avoid these acts;
(b)) acts performed in good faith before an appeal is
invalidity shall not become unlawful simply because the contract is
invalid.
3. in the cases covered by articles 49, 50, 51 and 52, shall not apply
paragraph 2, to the side, which is responsible for the fraud, bribe or
the compulsion.
4. In cases where the consent of a State to be bound by the
a multilateral treaty is invalid, it shall apply in the relations between this
the State and the parties to the Treaty the above rules.
Article 70
Consequences of termination of the contract
1. Unless the contract provides otherwise or unless otherwise agreed by the parties, the demise of
contract in accordance with its provisions or in accordance with this Convention:
freed from the obligations of the parties) to continue the performance of the contract;
(b) is without prejudice to any rights), or the legal status of the parties,
incurred in the implementation of the Treaty prior to its termination.
2. If the State Denounced the multilateral treaty or withdraw from it, the
paragraph 1, in the relations between that State and each of the other Contracting
the parties from the date when the denunciation or withdrawal effect.
Article 71
Consequences of the invalidity of a treaty which is in conflict with a peremptory norm
General international law
1. If the contract Is invalid in accordance with article 53, the parties have the obligation to:
and exclude as far as possible) the consequences of any act that occurred on
the basis of the provision, which is in conflict with a peremptory norm of General
international law; and
(b)) bring their mutual relations in compliance with imperative norm of General
of international law.
2. If the contract becomes void and expires under article 64, the demise of
the Treaty:
and discharge the obligation of the parties) to continue the performance of the contract;
(b) is without prejudice to any rights), or the legal position of the parties
incurred in the execution of the Treaty prior to its termination; These rights, obligations
or the situation may, however, continue to be maintained only if their
conservation itself is not in conflict with the new mandatory standard
of general international law.
Article 72
The consequences of the interruption of the implementation of the Treaty
1. Unless the contract provides otherwise or unless otherwise agreed by the parties,
the interruption of the implementation of the contract in accordance with its provisions or in accordance with this
to the Convention:
and discharge the party) which is the implementation of the Treaty is broken, the commitment
to perform the Treaty in their mutual relations during the period of interruption;
(b)) does not otherwise legal relations arising from the agreement between the
the parties.
2. For the duration of the interruption of the implementation, the parties must refrain from any action,
that could prevent a recurrence of the implementation of the Treaty.
Part VI
Miscellaneous provisions
Article 73
Succession of States, the liability of the State or the emergence of a State of war
The provisions of this Convention shall not prejudice any questions which, in the
context of the contract may arise from a succession of States, international
liability of the State or the State of war between the States.
Article 74
Diplomatic or consular relations and the conclusion of contracts
Interruption of diplomatic or consular relations, or the absence of
These contacts between two or more States does not prevent the conclusion of contracts between the
These States. The conclusion of the Treaty does not in itself affect the situation in the area
diplomatic or consular relations.
Article 75
In case the u.s. State
The provisions of this Convention do not affect the commitments relating to the Treaty,
that may arise as a result of útočnému State of the measures taken
under the Charter of the United Nations because of the aggression to which the
This State is committed.
Part VII
The depositary notifications, corrections and registration
Article 76
The depositary of the treaties
1. The depositary contract may specify the States that took part in the negotiations,
either directly in the contract or in any other way. The depositary may
be one or more States, an international organization or the Chief Administrative
an official of such organizations.
2. the functions of the depositary of the Treaty, the international nature and the depositary must
in the performance of their functions to act impartially. This obligation shall not affect the
in particular, the fact that the agreement between some of the parties have not entered in the
force, or if a certain State and the depositary between contradiction
concerning the performance of the functions of the depositary.
Article 77
Functions of depositaries
1. Unless the contract provides otherwise or unless otherwise agreed between the Contracting States,
the function of the depositary is in particular:
and in the custody of the original text) of the Treaty and the full powers, which were
passed;
(b)) in the acquisition of certified copies identical to the original text and all
other treaty texts in other languages, which may be referred to in the Treaty
required, and their transmission to the Contracting Parties and the States, which have
eligibility to become party to the Treaty;
(c)) in the adoption of the Treaty, in the adoption of signatures and the retention of all
instruments, notifications and communications relating to the Treaty;
(d)) in determining whether a signature instrument, notification or communication relating to the
the contracts are in good and due form and in the notice of the competent State
in case of need;
(e)) of the parties and in informing the States entitled to become
Parties to the contract, schedules, notifications and communications relating to the
of the Treaty;
(f) informing the States) that are entitled to become parties to the Treaty,
of the date when it was received or stored the necessary number of signatures,
instruments of ratification, acceptance, approval or accession,
required for the entry into force of the Treaty;
(g)) in the registration of the contract with the Secretariat of the United Nations;
(h)) in the performance of the functions specified in other provisions of this Convention.
2. If there is a discrepancy between some State and the depositary for the performance of its
functions, the depositary shall notify the States parties on the matter and
the competent authority of the Contracting States or international organizations, if
the matter concerns.
Article 78
Notification and communication
With the exception of cases when the contract or this Convention provides otherwise,
notification or communication to be made by any State under the
of this Convention:
and) is passed directly to the States, if there is a depositary, or to the depositary;
(b)) is considered to be the competent State at the moment of its adoption
the State, which was addressed, where appropriate, from the moment of its adoption
by the depositary;
(c)) is passed to the depositary shall be considered received by the State, which is
determined, the moment when this State has been informed by the depositary in accordance
with article 77, paragraph 1, point (e)).
Article 79
Correction of errors in texts or in certified copies of treaties
1. If, after the authentication of the text of the Treaty, the signatory and Contracting States
jointly agreed that the text is in error, the error, if these
States decided on another method of repair, fixed:
and making the appropriate corrections of the text) and the initialling of a duly
accredited representatives;
(b) a copy of the Charter or Exchange) of documents containing the agreed
the correction of the text;
(c) the corrected text of the whole drawing) of the Treaty by the same procedure as for the
a copy of the original text.
2. If the contract for which it was intended, the depositary shall inform the
the depositary of the signatory States and the Contracting States of the error and of the proposal to its
repair with an indication of a reasonable time limit, in which may be against the proposed repair
an objection. If, until the end of this period:
and the absence of any objection), the depositary shall make and initialled by the correction in
the text of the Protocol, it shall prepare and send to the correct text copies of the Contracting
the parties and the States entitled to become parties to the Treaty;
(b)), it was argued, the depositary shall notify signatory and objection
the Contracting States.
3. the rules referred to in paragraph 1 and 2 shall also apply in the
the cases, if the text was originally written in two or more languages and
If the difference between the different texts, which under the agreement
the signatory and Contracting States shall be adjusted.
4. The corrected text replaces the defective text
ab initio
unless the signatory States and the Contracting States have decided otherwise.
5. Correction of the text of the Treaty, which has been registered shall be notified
the Secretariat of the United Nations.
6. If it is a bug in the authenticated copy of the contract, the depositary shall draw up
the repair log and sends its copies by the signatory and Contracting States.
Article 80
Registration and publication of treaties
1. contracts shall be sent after its entry into force, the Secretariat
The United Nations, according to the circumstances, to register or to
classification and registration, as well as to publication.
2. the functions of the depositary authority to carry out operations under the covers
the previous paragraph.
Part VIII Of The
Final provisions
Article 81
The signature of the
This Convention shall be open for signature by all States which are members of the
The United Nations or some professional organizations or
The International Atomic Energy Agency or parties to the Statute of the
The International Court of Justice, and any other State which will
invited by the General Assembly of the United Nations, to become
party to the Convention, to 30. November 1969 at the Federal Ministry of
Foreign Affairs of the Republic of Austria, and then to 30. April 1970 at the headquarters
The United Nations in New York.
Article 82
The ratification of the
This Convention is subject to ratification. The instruments of ratification shall be deposited with
the Secretary-General of the United Nations.
Article 83
Access
This Convention shall be open for accession to any State which belongs to the
some of the categories referred to in article 81. The instruments of accession shall be
deposited with the Secretary-General of the United Nations.
Article 84
Entry into force of the
1. This Convention shall enter into force on the thirtieth day after the date of deposit of the thirty-
the fifth instrument of ratification or instrument of accession.
2. For each State which ratifies the Convention or accedes thereto after the
the imposition of the thirty-fifth instrument of ratification or instrument of accession,
the Convention shall enter into force on the thirtieth day after the deposit of its instrument of ratification
instrument or instrument of accession.
Article 85
Authentic texts
The original copy of this Convention, of which the English, Chinese, French,
Russian and Spanish text are equally authentic, shall be deposited with
the Secretary-General of the United Nations.
On the evidence of the agents, who were in witness whereof the duly empowered by their
Governments, have signed this Convention.
Done at Vienna this twenty-third day of may of the year one thousand devítistého
the sixtieth of the ninth.
Annex.
1. The Secretary-General of the United Nations shall establish and maintain a list of
magistrates from qualified lawyers. To that end, calls on the
each State which is a member of the United Nations or a party
This Convention, to propose two justices whose names will be included
to the list. Justices of the peace, including those who have the
where appropriate, the vacancy shall be determined for a period of five years, which may
repeated. The justices, whose term will end, it will continue in the performance
functions, for which he was selected, in accordance with the following paragraphs.
2. If the request is submitted to the Secretary-General in accordance with article
66, the Secretary-General shall submit the dispute to a Conciliation Commission constituted as follows:
The State or States which are one of the parties to the dispute shall appoint:
and one justice of the peace), who is a citizen of that State or of one
of these States, selected either of the persons mentioned in the list referred to in paragraph
1 or from other persons, and
(b)) of one justice of the peace who is not a citizen of this State, or
one of these States, selected from the persons referred to in the list.
The State or States which are a party to nominate the other disputed two justices of the peace
the judge in the same manner. The four justices that the parties have chosen,
must be appointed within 60 days from the date of the General
the Secretary-General has received the request.
Within 60 days from the last appointment shall appoint four justices of the peace
the fifth justice, selected from the persons referred to in the list that
It will be the Chairman.
If the appointment of the Chairman or one of the other of
the judges will not occur within the time limits specified for this appointment, appointment
carried out by the Secretary-General within 60 days after the expiry of the relevant
the time limits. The Secretary General may appoint the Chairman of either one of the persons
referred to in the list, or one of the members of the Commission for international
the right. Each of the periods in which the appointment is to be made, it may be
extended by agreement of the parties to the dispute.
Any vacancy shall be filled in the same way as when
the original appointment.
3. the Conciliation Commission shall control. With the approval of the disputed
the parties to the Conciliation Commission may ask any Contracting Party of the communication
her oral or written opinions. Decisions and recommendations
the Conciliation Commission shall be taken by majority vote of its members.
4. the Conciliation Commission may notify the parties to the dispute to any measures,
that may facilitate the amicable settlement of the dispute.
5. The Conciliation Commission shall hear the parties, examine the claims and objections, and make
proposals to the parties to help them reach an amicable settlement of the dispute.
6. the Conciliation Commission shall draw up a report within twelve months of its
the provisions. Its report shall be deposited with the Secretary-General and sent to the
Parties to the dispute. The Commission's report, including the conclusions of facts and
legal issues contained therein, does not bind the parties and only has the nature
recommendations submitted to the parties for consideration in order to facilitate
an amicable settlement of the dispute.
7. The Secretary-General shall provide the necessary assistance and Conciliation Commission
resources. The costs of the Conciliation Commission shall be borne by the organizations of the United
of the Nations.
