On The Convention On The Law Applicable To Traffic Accidents

Original Language Title: o Úmluvě o právu použitelném pro dopravní nehody

Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=33394&nr=130~2F1976~20Sb.&ft=txt

130/1976 Sb.



Decree



Minister of Foreign Affairs



of 23 December 2003. August 1976



on the Convention on the law applicable to traffic accidents



On 4 April 2006. May 1971 was in the Hague on XI. session of the Hague Conference on

private international law, negotiated the Convention on the law applicable to

traffic accident.



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

The Hague on 6. February 1975.



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

Socialist Republic and the president of the Republic has ratified it.

The ratification instrument was deposited the Czechoslovak Socialist Republic

with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the

The Convention, on 12 June 2006. May 1976.



Entered for the Czechoslovak Socialist Republic in

into force, pursuant to article 17 paragraph 1. 2 day 11. July 1976.



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



Minister:



Ing. Now in r.



Convention



on the law applicable to traffic accidents



States parties to this Convention



Desiring to lay down the common editing on the law applicable to

civil non-contractual liability of road traffic accidents, have decided to

to conclude a Convention for this purpose and have agreed on the following provisions:



Article 1



This Convention determines the law applicable to non-contractual civil law

the liability of road traffic accidents regardless of how the control when it is

the application of.



For the purposes of this Convention, shall be considered the accident an accident to which the

participate in one or more of the vehicles, regardless of whether they are driven by a motor or

not, and which are related to transport on public roads, on the grounds of

open to the public or on private land, on which they have the right

access a specific person.



Article 2



This Convention does not apply



1. under the responsibility of manufacturers, sellers or opravců vehicles;



2. the responsibility of the owner of the transport route, or other person who is

the obligation to ensure the maintenance of the paths or the safety of its users;



3. the liability of third parties with the exception of liability of the owner, and

the operator of the vehicle;



4. the claims between the responsible persons;



5. the penalties and the transfer of rights relating to insurers;



6. to actions and penalties pertaining to the social ensuring and similar

institutions or public funds, or against the automobile and the

any exclusion of liability laid down by these

the institution is being managed.



Article 3



The applicable law is the internal law of the State in whose territory

the accident.



Article 4



If it is not apparent from article 5 of something else, these exceptions are set out

the provisions of article 3:



and if) take part in the accident, only one vehicle, which is registered in the

a State other than where the accident occurred, are the applicable internal regulations

the State registration for the determination of liability



-in relation to the driver, owner or other person, having the right to

the vehicle, regardless of their place of residence,



-in relation to the affected person, which is a passenger, whose place of residence is in

a State other than where the accident occurred,



-in relation to the person outside of the vehicle at the place of

the accident, if a resident in the State of registration.



In the case that are affected by two or more persons, the applicable

the right for each of them separately.



(b)) involved in the accident, two vehicles or more vehicles, the

the provisions of subparagraph (a). and) only if that all vehicles are

registered in the same State.



c) if one or more persons at the scene of an accident

outside of the vehicle or of the vehicle involved in the accident, the provisions of subparagraph (a). a) and b)

applies only if all these persons who have permanent residence in the State of

registration.



The same applies, even if these persons are also affected by the accident.



Article 5



The law applicable pursuant to article 3 and 4 for the responsibility in relation to

the passenger shall be governed by whether or not liability for damage to the goods carried

in the vehicle, which belongs to either the passenger or entrusted to him.



The law applicable pursuant to article 3 and 4 for the responsibility in relation to

the owner of the vehicle is governed by the liability for damage to other things

transported in the vehicle than there are things, which are covered by the previous

paragraph.



Responsibility for damage to things outside of the vehicle or of the vehicle shall be governed by

the internal law of the State in whose territory the accident occurred. However, the liability of the

for damage to personal belongings belonging to disabled persons

outside of the vehicle or of the vehicle shall be governed by the internal laws of the State of registration,

If this law would be applicable to liability towards the victim

in accordance with article 4.



Article 6



When the vehicles are not registered or are registered in several

States are instead of law of the State of registration, the law of the State in

which are normally based. The same applies if neither the owner nor the

a person who keeps or disposes of the vehicle nor the driver of the vehicle is not in the

time of the accident his place of residence in the country of registration.



Article 7



Regardless of the law applicable to the determination of liability,

always to rules on the control and safety of traffic in force in the place and in the

time of the accident.



Article 8



The applicable law determines in particular



1. the conditions and extent of liability;



2. the grounds for liability, any limitation of liability and its

Division;



3. the origin and nature of the damage to be compensated;



4. the manner and extent of damages;



5. the ability to transition the right to compensation;



6. persons who have suffered damage and that they are entitled to compensation;



7. liability for the operator of the vehicle for their employees;



8. limitation and termination of the right end of the period, including counting rules

interruption or building this time.



Article 9



The injured party shall have the right to sue directly to the insurer of the responsible person

If this right belongs to them under the law applicable pursuant to article 3, 4

or 5.



Where, pursuant to article 4 or 5, the decisive legal order the State of registration and

This law does not confer a right of direct action, however, this right

arises if results from the internal rules of the State where the

traffic accident.



If this right is not based on any of these legal systems,

arises, however, if it provides for the rule of law, which are governed by the insurance

the contract.



Article 10



The use of the law applicable under this Convention may be refused only in

the case where its application is manifestly contrary to public policy.



Article 11



The application of articles 1 to 10 of this Convention is not dependent on a condition

reciprocity. The Convention shall also apply in the case where the applicable law is

the right of a State which is not a Contracting Party to this Convention.



Article 12



Each territorial unit that forms part of the State that does not have a unified

the rule of law, is considered as a State for the purposes of article 2 to 11, if the

own legislation regarding civil non-contractual

the liability of road traffic accidents.



Article 13



A State which does not have a unified legislation, is not required to use this

The Convention to accidents occurring on its territory, if the only concern

vehicles registered in the territorial units of that State.



Article 14



A State which does not have a unified legislation, may declare when signing,

ratification or accession to this Convention, this shall apply to all

his legislation, or on only one or a few of these laws

and may at any time amend his statement later to the new statement.



This declaration must be communicated to the Ministry of Foreign Affairs

The Netherlands and must explicitly specify which legislation with the Convention

applies.



Article 15



This Convention shall be without prejudice to other specific conventions to which the Contracting States

have concluded or will conclude in order to adapt the civil non-contractual

the responsibilities of the accidents.



Article 16



May sign this Convention States represented on XI. the meetings of the Hague

Conference on private international law.



Convention shall be ratified and the instruments of ratification will be deposited at the

Ministry of Foreign Affairs of the Netherlands.



Article 17



This Convention shall enter into force on the sixtieth day after the deposit of the third

instruments of ratification, in accordance with article 16, paragraph 2.



The Convention shall enter into force for each Contracting State which ratifies

later, the sixtieth day after the deposit of its instrument of ratification.



Article 18



Each State of the unrepresented on XI. session of the Hague Conference

private international law, which is a member of that Conference, or

The United Nations or its specialized agencies, or of the Contracting

a party to the Statute of the International Court of Justice, may accede to this

The Convention after its entry into force pursuant to article 4(1). 17 paragraph 1.



The instrument of accession shall be deposited at the Ministry of Foreign Affairs

The Netherlands.



Convention enters into force for the acceding State the sixtieth day after the deposit

the instrument of accession.



Accession is effective only in the relations between the acceding State and

the Contracting States, which declares that he agrees with the approach. This

the Declaration will be saved at the Ministry of Foreign Affairs of the Netherlands,

that diplomatic means shall send a certified copy thereof to each Contracting

State.



Convention enters into force between the acceding State and the State which

He said that he agrees with this approach, the sixtieth day after the deposit

the Declaration of this consent.



Article 19



Any State may, when signing, ratification or accession, declare that


This Convention shall apply to all the territories, representing in

international relations or to one or more of them. This statement is

becomes effective on the date on which the Convention enters into force for that State.



After this time must be each extension of validity in this direction announced

Ministry of Foreign Affairs of the Netherlands.



Convention enters into force for the territories of which the extension refers to, 1968

the day after the notification referred to in the preceding paragraph.



Article 20



This Convention will be valid for five years from the date of entry into force referred to in article

17 paragraph 1 also for States which have ratified it or

joined later.



The Convention will be tacitly renewed for five years, unless it is terminated.



Testimony can be restricted only to certain territories to which the Convention applies.



Notice of termination will be effective only for the State which has notified it. For the other Contracting

States, the Convention remains in force.



Article 21



Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in article

16 and the States acceding to the Convention under the provisions of article 18 of the



and the signatures and ratification) in accordance with article 16,



(b)), this time when the Convention enters into force in accordance with article 17, paragraph 1,



c) approaches under article 18, and shall take effect,



(d) the declarations referred to in article 14) and 19,



e) denunciations under article 20, paragraph 3.



In witness whereof the undersigned representatives, duly authorised thereto, have signed the

This Convention.



Done at the Hague on 4. May 1971 in the Dutch and English,

both texts being equally authentic, in a single copy, which

be deposited in the archives of the Government of the Netherlands, and of which a certified copy will be passed

through diplomatic channels, to each State represented at the XI. the meetings of the

The Hague Conference on private international law.