On The Convention On The Limitation Period In The International Sale Of Goods

Original Language Title: o Úmluvě o promlčení při mezinárodní koupi zboží

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=37760&nr=123~2F1988~20Sb.&ft=txt

123/1988 Sb.



DECREE



Minister of Foreign Affairs of 16 November. June 1988 on the Convention on the limitation period

for the international sale of goods



161/1991: Sb.



On 14 June 2005. June 1974 was in New York adopted the Convention on the limitation period in the

international sale of goods.



On behalf of the Czechoslovak Socialist Republic, the Convention was signed in

New York 29 May. August 1975.



With the Convention have expressed their approval of the Federal Assembly of the Czechoslovak

the President of the Czechoslovak Socialist Republic and the Socialist

the Republic has ratified it. The ratification instrument was deposited with the

the Secretary-General of the United Nations, the depositary of the Convention,

on 26 April. May 1977.



Convention shall enter into force on the basis of its article 44 paragraph 1. 1 on 1 January 2000.

August 1988 and that the date of entry into force for the Czechoslovak

Socialist Republic of Vietnam.



Czech translation of the Convention shall be published at the same time.



First Deputy:



JUDr. Mr v.r.



CONVENTION



on the limitation period in the international sale of goods



The Contracting States to this Convention,



having international trade as an important factor in the development of

friendly relations between States,



convinced that the adoption of a single edit effect

international sale of goods will facilitate the development of world trade, agreed

as follows:



PART I



Substantive provisions



The subject of the edit



Article 1



1. this Convention lays down, which may not be carried out reciprocal rights

buyer and the seller, arising from the contract for the international sale

goods, breach, termination or invalidity of its validity,

due to the expiry of the period. This period is referred to in this Convention, called

"limitation period".



2. this Convention shall not affect the provisions relating to time limits, which may be

the right acquired or enforced only when one of the parties against the other

the notification from the side or legal action other than the start of a legal

control.



3. Under this Convention



and the "buyer") and "seller" or "party" means the person to whom

buy or sell, or which agree to buy or sell goods,

and their successors to the rights and obligations arising from the purchase contract;



b) "creditor" means the party who asserts a right, no matter

whether it relates to the monetary or non-monetary benefit;



(c)) "debtor" means a party against whom a creditor exercises a right;



(d)) "breach of contract" means failure to comply with the contract or the performance of which is not

in accordance with the Treaty;



(e)) "legal proceedings" includes judicial, arbitral and administrative proceedings;



f) "person" includes a company, association or other legal entity,

whether private or public, which may sue or be sued;



g) "writing" includes telegram and telex;



h) "year" means the year according to the Gregorian calendar.



Article 2



For the purposes of this Convention,



and the Treaty) for the international sale of goods is considered to be the sales contract between the

buyer and the seller, who at the time of conclusion of the contract are in place

business in the territory of different States;



(b)) to the fact that the parties have a place of business in different States is

not taken into account, if this fact is not apparent either from the contract or from the

negotiations between the parties or from the declarations made by the parties at any time

prior to the conclusion of the contract or it;



(c)) in cases where the party has a place of business in more than one

the State is a crucial place of business which has the closest relationship to the contract

and its implementation, taking into account the circumstances known or

intended by the Contracting Parties at the time of conclusion of the contract;



(d)) in cases where a party has no place of business, it is crucial

residence (registered office);



e) nepříhlíží to the nationality of the parties nor the fact, whether the parties

or a contract with a commercial nature.



Article 3



1. this Convention applies only to



and if at the time of closure) of the Treaty, the place of business parties to the Treaty

international sale of goods are in Contracting States; or



b) If pursuant to the provisions of private international law to

use the agreement to acquire the rights of a Contracting State.



3. This Convention shall not apply where the use of the parties expressly

excluded.



Article 4



This Convention does not apply to the purchase of



and the goods being purchased) for personal use, the need for family or household

unless the seller before the contract or the conclusion of the

He did not know and did not even know that the item is bought for such purpose;



(b)) at auctions;



(c)) in the performance of the decision or directly from the law;



d) securities and money;



e) of ships, boats or aircraft; air-cushion vehicles



(f)) of electricity.



Article 5



This Convention shall not apply to the rights arising



and death or bodily harm) on the health of a person;



(b)) of nuclear damage caused by the goods sold;



(c)) the lien or other right in rem collateral;



(d)) of the decision in the legal proceedings;



e) of the Charter, on the basis of which can be reached directly by the exercise of the rights

law of the place where such enforcement is sought;



(f)) of a bill of Exchange or cheque.



Article 6



1. this Convention shall not apply to contracts in which the preponderant part of the

obligations of the seller refers to the provision of work or services.



2. contracts for the supply of goods to be manufactured or formulated,

they consider the purchase contract, unless the party who orders the goods,

undertakes to supply a substantial part of the goods required for their manufacture or

the making of.



Article 7



In the interpretation and application of the provisions of this Convention shall take account of its

international character and to the need to promote while the single procedure.



The beginning and the duration of the limitation period



Article 8



The limitation period shall be four years.



Article 9



1. The period of limitation begins to run from the date when the law can be applied in the legal

the proceedings; the provisions of articles 10, 11 and 12 is not affected.



2. The beginning of the period of limitation does not scroll



and the determination to) party has sent the notification referred to in article 1

paragraph. 2, or



(b) the provisions of the arbitration agreement) that there will be no right before the release of

arbitral award.



Article 10



1. the right arising from a breach of contract can be applied in legal proceedings on the date

When the Treaty had been infringed.



2. the right of the defects of the goods can be invoked in legal proceedings on the date when the goods were

actually passed to the buyer, or where the goods offered to pass it

the buyers refused.



3. the right to protest against the fraud, or when closing

contract or during its performance, can be invoked in legal proceedings on the date

When the fraud was or could be due diligence revealed.



Article 11



If the seller has provided expressly guarantee on goods sold,

valid after a period of time, whether the foreseen special notice or otherwise,

the limitation period begins to run on the rights arising from such

the commitment, the buyer shall inform the seller about the fact from which the right to

was created, but no later than the date on which the period for which they were

guaranteed.



Article 12



1. If there are circumstances in which, under the law applicable to the

the contract is one party shall be entitled to withdraw from the contract prior to the time

performance will become repayable, and makes use of this right, begins to run

the limitation period relating to rights that arose from such a fact,

the date when the party announced its withdrawal from the other side. If

does not withdraw from the contract prior to the time when performance becomes

payable, the limitation period begins to run from the date of its maturity.



2. the limitation period relating to the rights arising out of breach of contract, which

provides for partial delivery of goods or the payment of the purchase price is calculated from the

the relevant infringement of partially filling for each of them

in particular. Where, pursuant to the applicable law, either party is entitled to

withdraw from the contract for such an infringement of that right, and shall

limitation period in respect of all the relevant elements on the day

When a party has communicated to the other party that withdraws from the contract.



The building and the extension of the limitation period



Article 13



The period of limitation ceases to run, when the creditor in order to meet or

the determination of its right to take any legal action that is deemed by the

law of the place of the Court for the institution of legal proceedings against the debtor or for

application of the law in such proceedings already initiated.



Article 14



1. If the parties conclude an arbitration agreement, stop the limitation period

run, if either party initiates arbitral proceedings in the manner prescribed

in the arbitration agreement or pursuant to the law applicable to such proceedings.



2. If you cannot determine the beginning of the arbitration referred to in paragraph 1, the

the arbitration procedure to be initiated on the date on which the application of the law was to

decided in arbitration, is delivered to the other side to its offices

(place of residence), or place of business, or if it has its registered office (place of residence)

or place of business, to its last known business address (residence) or

the place of business.



Article 15



In other legal proceedings other than as referred to in articles 13 and 14 stops

the limitation period begins to run when the lender applies in these proceedings of their

the right for the purpose of its determination, satisfaction or if something else

It does not follow from the law applicable to such proceedings. This adjustment applies

in particular, the legal proceedings initiated in connection



and death or disability) of the debtor;




(b)) with bankruptcy or insolvency that apply to all

the debtor's assets;



(c) the cancellation or disposal) of a company, association or other legal

the person who is the debtor.



Article 16



For the purposes of articles 13, 14 and 15 shall be deemed to have legal effect, consisting in the

the application of the counterclaim for having been made at the time when the claim,

against which the counterclaim is directed, if both claim, counterclaim,

related to the same contract or several contracts concluded during the

the same trade.



Article 17



1. When it has been exercised in the legal proceedings in the limitation period

in accordance with articles 13, 14, 15 or 16, but this ended without

decision on the merits, it is considered that the limitation period stopped

to run.



2. If, at the time of termination of such legal proceedings no longer limitation

period has expired, or if its the end of the year, there is less than

the limitation period is extended so that it will end no earlier than one year from the

the date on which legal proceedings ended.



Article 18



1. the legal proceedings initiated against one debtor causes

stop limitation period against another debtor, who is

spoluvázán the hands of the joint and several, it shall inform the creditor

in writing of the commencement of proceedings before the expiry of the limitation period provided for

This Convention.



2. If a initiated proceedings against the purchaser by the buyer

purchased goods are sold, will the limitation period provided for in this

the Convention, as regards the rights of the buyer against the seller, if the

the buyer shall notify the seller in writing before the expiry of the limitation period

that was against him initiated that procedure.



3. If the proceedings referred to in paragraphs 1 and 2 of this article has ended, has

They considered that the limitation period is there mentioned continued to run, the Outbox

However, earlier than one year after the termination of this procedure.



Article 19



If the creditor shall take on the territory of the State where the debtor has his place of business,

before the expiry of the limitation period other than the legal act referred to in articles

13, 14, 15 and 16 and if, under the law of that State, this operation is considered

the effect that the limitation period is over, a new time limit begins to run

four years after the time specified by this law.



Article 20



1. If the debtor before the expiry of the limitation period to the creditor in writing your

commitment, new four-year limitation period runs from the date of such recognition.



2. the payment of interest or partial performance of an obligation by the debtor has the same effects

as the recognition referred to in paragraph 1 of this article, where it is reasonably

conclude that the debtor has acknowledged its commitment.



Article 21



If the creditor cannot obtain the cessation of the limitation period for

circumstances which could not have avoided or overcome and which cannot be

attributable to the limitation period is extended for one year from the time when

the said circumstances ceased to exist.



Change the limitation period the parties



Article 22



1. The limitation period and its effects cannot be modified by a declaration of the parties or

their agreement, except as provided for in paragraph 2 of this article.



2. the debtor may extend the limitation period at any time during the

a written declaration to the creditor. This statement can be repeated.



3. the provisions of this article shall not affect the validity of the clauses in the purchase

the Treaty, which provides that the arbitration proceedings must be instituted in

the shorter limitation period than that provided for in this Convention, provided that such

clause is valid under the law applicable to the contract of purchase.



Article 23



The General restrictions of the limitation period



Notwithstanding the other provisions of this Convention, the limitation period expires

no later than ten years after the time when the began to run under articles 9, 10, 11 and

12 of this Convention.



Article 24



The effects of the expiry of the limitation period



To the expiry of the limitation period shall be taken into account in the legal proceedings, only when the

It allows the party to this proceeding.



Article 25



1. the right cannot be granted or recognised in any legal proceedings,

that was initiated after the end of the limitation period; the provisions of paragraph 2

This article and article 24 shall remain unaffected.



2. Notwithstanding the expiry of the limitation period, the party may rely on the

their rights in the defence or set-off against the right claimed

the other party, if



and both rights) are related to the same contract or several contracts

closed during the same trade, or



(b)) where the law could be used to offset at any time before the expiry of the

the limitation period.



Article 26



If the debtor fulfills his obligation after the expiration of the limitation period, it is not

entitled to demand the return of what filled, even though he did not know at the time

the performance, that the limitation period has expired.



Article 27



The effects of the expiry of the limitation period relating to the main undertaking

also apply to interest.



Counting of the limitation period



Article 28



1. the limitation period shall be calculated so that at the end of the day, which marked

corresponds to the date on which the limitation period began to run. If there is no such date,

at the end of the limitation period ends on the last day of the last month of the limitation

the time limits.



2. the limitation period shall be calculated according to the date where is initiated legal

control.



Article 29



If the last day of the limitation period is an official holiday or a different day

of rest, which excludes the proper procedure in the legal proceedings, which

creditor initiated or in which it exercises its right under article 13, 14

or 15, the limitation period is extended so that it ends the day after the

public holiday or non-working day, when you can start legal proceedings

or to exercise the right.



International effects



Article 30



For the purposes of this Convention, the legal acts and circumstances, subject to the

articles 13 to 19, which took place on the territory of a Contracting State,

have direct legal effect in another Contracting State if the creditor

has taken all reasonable measures to ensure that the debtor should be about them as soon as possible

shall be so informed.



PART II



Implementation of the Convention



Article 31



1. any Contracting State which comprises two or more territorial units,

According to its Constitution, different systems of law apply in matters of

governed by this Convention, when signing, ratification or

access, declare that this Convention shall extend to all its territorial

units or only to one or more of them, and this statement

may at any time be complementary to any other statement.



2. this declaration shall be communicated to the Secretary-General of the Organization

the United Nations and shall state expressly the territorial units to which the

This Convention shall apply.



3. If a Contracting State referred to in paragraph 1 does not make any representations

at the signing, ratification or accession, this Convention will apply to the

the entire territory of that State.



4. If, on the basis of a declaration under this article, the Convention

apply to one or more territorial units of a Contracting State, but

not at all, and the place of business is in the territory of that State,

This place of business for the purposes of this Convention shall not be deemed to place

business in the territory of a Contracting State, unless it is located in the territorial

Unit to which this Convention applies.



Article 32



If this Convention refers to the law of the State in which the different legal

schedules, it is considered, that refers to the rule of law, to which the link refers to.



Article 33



Each Contracting State shall be governed by this Convention in respect of contracts concluded

on a day when he entered into force, the Convention or at a later time.



PART III



Declarations and reservations



Article 34



1. two or more States, which have the same or very similar legal

adjustment of things, to which this Convention applies may at any time declare,

that the Convention does not apply to contracts of sale between the parties

they have a place of business in the territory of these States. Such declarations may be

taken jointly or by reciprocal unilateral declarations.



2. A Contracting State which has the same or a very similar law of things

to which this Convention applies, as one or more States

they are not a party to this Convention may at any time declare that this

the Convention shall not apply to contracts of sale between the parties, which have

place of business in the territory of these States.



3. If the State against which the statement was made in accordance with paragraph 2,

He later becomes a Contracting State, it will have this statement from the date of

towards new Contracting State, the Convention enters into force, the effects under the

paragraph 1, when the new Contracting State joins in such declaration

or will make a reciprocal unilateral declaration.



Article 35



Any Contracting State may declare, when depositing its instrument of ratification,

or, when you access that this Convention does not apply to the application for invalidity

of the Treaty.



Article 36



Any Contracting State may declare, when depositing its instrument of ratification,

or, when you access that is not bound by the provisions of article 24 of this Convention.



Article 37



This Convention shall be without prejudice to any international agreement that has already been

or will be closed and which contains provisions concerning the Affairs of the

governed by this Convention, if the parties have a place of business in the territory of

the States which are parties to such agreements.



Article 38



1. any State which is a Contracting Party to the international agreements in force

governing the international sale of goods, may declare when you save your


instrument of ratification, when it is accessed, it will be bound by the Convention, only if

contracts for the international sale of goods, as defined by such

a valid international treaty.



2. this declaration shall cease to have force on the first day of the first month following the

the expiry of 12 months from the entry into force of the new Convention on the international

sale of goods, concluded under the auspices of the United Nations.



Article 39



Any other winnings than referred to in articles 34, 35, 36 and 38 of this Convention is not

permissible.



Article 40



1. Declarations made under this Convention shall be notified to the

the Secretary-General of the United Nations and will be effective on the date of

Convention enters into force for the State making the Declaration. The Declaration

made later will be effective the first day of the first month following the

the expiry of six months from the date on which it was delivered to the

the Secretary-General of the United Nations. Reciprocal unilateral

declarations made under article 34 shall be effective the first day of

of the month following the expiration of six months from the date on which the General

the Secretary-General of the United Nations has received the last statement.



2. any State which makes a declaration under this Convention may be

at any time, cancel the notification thus made by the Secretary-General of the Organization of the

of the United Nations. This cancellation shall be effective on the first day of the first

month following the expiration of six months after the date on which the notification was communicated to the

the Secretary-General of the United Nations. When you cancel

Declaration made under article 34 becomes invalid the effectiveness

This cancellation of the Declaration made by another State under this

article.



PART IV



Final provisions



Article 41



This Convention may be signed by any State at the headquarters of the Organization

the United Nations until 31 December 2006. December 1975.



Article 42



This Convention is subject to ratification. The instruments of ratification shall be deposited with

the Secretary-General of the United Nations.



Article 43



May accede to this Convention, any State. The instrument of accession shall be

deposited with the Secretary-General of the United Nations.



Article 44



1. this Convention shall enter into force on the first day of the first month after the end

six months from the date on which it will be saved the tenth instrument of ratification or

access.



2. for each State which ratifies this Convention or accedes thereto after the

deposit of the 10th instrument of ratification or accession, the Convention shall enter in the

into force on the first day of the first month after the expiry of six months from the date of

deposit of the instrument of ratification or accession of that State.



Article 45



1. Any Contracting State may denounce this Convention, provided that

shall inform the Secretary-General of the United Nations.



2. The denunciation shall have the effectiveness of the first day of the first month after the expiry of 12

months after the date on which the notice was delivered to the Secretary-General

Of the United Nations.



Article 46



The original copy of this Convention, of which the English, Chinese, French,

Russian and Spanish versions have the same validity, will be deposited with the

Secretary-General of the United Nations.