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On 4 May 1971 Hague Traffic Accidents Convention Applicable Law

Original Language Title: Par 1971.gada 4.maija Hāgas konvenciju par ceļu satiksmes negadījumiem piemērojamo likumu

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The Saeima has adopted and the President promulgated the following laws: On 4 May 1971 Hague traffic accidents Convention applicable law article 1. 4 May 1971 the Hague Convention on traffic accidents applicable law (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. The law shall enter into force on the date of its promulgation. With the law put the Convention in English and its translation into Latvian language. 3. article. The Convention shall enter into force on its article 18 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The Parliament adopted the law of 15 June 2000. The President of the Parliament instead of the President j. stream year 2000 in Riga on June 30 of the Convention on the Law applicable to Traffic accidents (Concluded on May 4, 1971) the States signatory to the present Convention, to establish common provision (menu Rngton Line4) on the law applicable to non-contractual civil liability arising from traffic accidents, have resolved to conclud a Convention to this effect and have agreed upon the following provision in : Article 1 the present Convention shall determin the law applicable to non-contractual civil liability arising from traffic accidents, in whatever kind of video it is sought to enforce this liability. For the purpose of this Convention, a traffic accident shall mean an accident which involv-one or more vehicles, motorized or not, whethers and is connected with traffic on the public highway, in the grounds open to the public or in the private grounds to which certain persons have a right of access. Article 2 of the present Convention shall not apply: (1) the liability of manufacturers, sellers or repairer of vehicles; (2) the responsibility of the owner, or of any other person, for the maintenance of a way open to traffic or for the safety of its users; (3) the liability of vicario, with the exception of the liability of an owner of a vehicle, or of a principal, or of a master; (4) their actions among persons recourses liabl; (5) the actions and recourses to subrogation in so far as insurance companies are concerned; (6) actions and recourses actions by or against the social insurance institutions, other similar institutions and public guarantee funds, automobile and to any exemption from liability let down by the law which will govern these institutions. Article 3 the applicable law is the internal law of the State where the accident occurred. Article 4 subject to article 5, the following exception is made to the provision of article 3, a) where only one vehicle is involved in the accident and it is registered in a State other than that where the accident occurred, the internal law of the State of registration is applicable to determin the liability — towards the driver, owner or any other person having control of the or an interest in the vehicle , irrespectiv of their habitual residence, — towards a victim who is a passenger and whose habitual residence is in a State other than that where the accident occurred, — towards a victim who is outside the vehicle at the place of the accident and whose habitual residence is in the State of registration. Where there are two or more victim in the applicable law is determined separately for each of them. (b) where two or more) of the vehicles are involved in the accident, the provision of a) applicable only if all the vehicles are registered in the same State. c) where one or more persons outside the vehicle or vehicles at the place of the accident are involved in the accident and may be liabl, the provision of a) and b) with applicable only if all these persons have their habitual residence in the State of registration. The same is true even though these persons are also a victim of the accident. Article 5 the law applicable under articles 3 and 4 of their liability towards a passenger who is a victim of damage to govern liability for goods carried in the vehicle and which either belong to the passenger or have been entrusted to his care. The law applicable under articles 3 and 4 of their liability towards the owner of the vehicle will govern liability for damage to goods carried in the vehicle other than goods covered in the preceding paragraph. Liability for damage to goods outside the vehicle or vehicles is governed by the internal law of the State where the accident occurred. However the liability for damage to the personal belonging of the victim outside the vehicle or vehicles is governed by the internal law of the State of registration when that law would be applicable to the liability towards the victim according to the article 4 Article 6 In the case of vehicles which have no registration or which are registered in several States the internal law of the State in which they are habitually stationed shall replace the law of the State of registration. The same shall be true if not ither the owner nor the person in possession or control nor the driver of the vehicle has his habitual residence in the State of registration at the time of the accident. Article 7 Whatever may be the applicable law, in determining liability account shall be taken of the rules relating to the control and safety of traffic which were in force at the place and time of the accident. Article 8 the applicable law shall, in particular, determin (1) the basis and exten of liability; (2) the grounds for exemption from liability, any limitations of liability and any division of liability;, (3) the existenc and kind of injury or damage which may have to be compensated; (4) the kind and exten of damage; (5) the question of a right to whethers damage may be assigned or inherited; (6) the persons who have suffered damage and who may claim the damage in their own right; (7) the liability of a principal for the acts of his agent or of a master for the acts of his servant; (8) the rules of prescription and limitations, including rules relating to the (a) the period of prescription of commencemen or limitations, and the interruption and suspension of the period. Article 9 the persons who have suffered injury or damage shall have a right of direct action against the insurer of the person liabl if they have such a right, under the law applicable according to articles 3, 4 or 5 If the law of the State of registration is applicable under articles 4 or 5 and that the law provides a right of direct action from , such a right shall not exist if it is vertheles is provided by the internal law of the State where the accident occurred. If non of these laws ither provides any such right it shall exist if it is provided by the law of each of the contract attorney. Article 10 the application of any of the laws declared applicable by the present Convention may be refused only when it is manifestly contrary to public policy ("ordre public"). Article 11 the application of articles 1 to 10 of this Convention shall be independent of any requirement of reciprocity. The Convention shall be applied even if the applicable law is not that of a Contracting State. Article 12 territorial entity forming on Every of a State having a non-unified legal system shall be considered as a State for the purpose of articles 2 to 11 when it has its own legal system, in respect of non-contractual civil liability arising from traffic accidents. Article 13 (A) State having a non-unified legal system is not bound to apply this Convention to accidents occurring in that State which involv only vehicles registered in the territorial units of that State. Article 14 (A) State having a non-unified legal system may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its legal systems or only to one or more of them, and may modify its declaration at any time thereafter, by making a new declaration. These declarations shall be notified to the Ministry of Foreign Affairs of the Netherlands and shall state expressly the legal systems to which the Convention applies. Article 15 this Convention shall note prevails over other Convention in special fields to which the Contracting States are or may become parties and which contain a provision concerning the non-contractual civil liability arising out of a traffic accident. Article 16 of the present Convention shall be open for signature by the States represented at the Eleventh Session of the Hague Conference on private International Law. It shall be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands. Article 17 of the present Convention shall enter into force on the sixtieth day after the deposit of the third instrument of ratification referred to in the second paragraph of article 16. The Convention shall enter into force for each signatory State which subsequently on the sixtieth to ratif days after the deposit of its instrument of ratification. Article 18 Any State not represented at the Eleventh Session of the Hague Conference on private International Law which is a Member of this Conference or of the United Nations or of a specialized agency of the Organization, or a Party you to the Statute of the International Court of Justice, may accede to the present Convention after it has entered into force in accordanc with the first paragraph of article 17. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Netherlands. The Convention shall enter into force for a State acceding to it on the sixtieth day after the deposit of its instrument of accession. The accession will have effect only as regards the relations between the acceding State and such Contracting States as will have declared their acceptance of the accession. Such a declaration shall be deposited at the Ministry of Foreign Affairs of the Netherlands; This Ministry shall forward, through diplomatic channels, a certified copy to each of the Contracting States. The Convention will enter into force as between the acceding State and the State having declared to accept the accession on the sixtieth day after the deposit of the declaration of acceptance. Article 19 Any State may, at the time of signature, ratification or accession, declare that the Convention shall extend to all present the territories for the international relations of which it is responsible, or to one or more of them. Such a declaration shall take effect on the date of entry into force of the Convention for the State concerned. At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of the Netherlands. The Convention shall enter into force for the Territories mentioned in such an extension on the sixtieth day after the notification indicated in the preceding paragraph. Article 20 of the present Convention shall remain in force for five years from the date of its entry into force in accordanc with the first paragraph of article 17, even for States which have ratified it or acceded to it subsequently. If there has been of the denunciation, it shall be tacitly renewed stands out among every five years. Any denunciation shall be notified to the Ministry of Foreign Affairs of the Netherlands at least six months before the end of the five year period. It may be limited to certain of the territories to which the Convention applies. The denunciation shall have effect only as regards the State which has notified it. The Convention shall remain in force for the other Contracting States. Article 21 the Ministry of Foreign Affairs of the Netherlands shall give notice to the States referred to in article 16, and to the States which have acceded in accordanc with article 18 of the following – a the signatures and ratification) of the referred to in article 16; (b)) the data on which the present Convention enter into force in accordanc with the first paragraph of article 17; (c) the accession is referred to) in article 18 and the data on which they take effect; (d) the declarations referred to) in articles 14 and 19; (e) the denunciation referred to it) in the third paragraph of article 20. In witness whereof the undersigned, being duly authorized, have signed the theret the present Convention. Done at the Hague, on the 4th day of April, 1971, in the English and French languages, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Netherlands, and of which a certified copy shall be sent, through diplomatic channels, to each of the of the States represented at the Eleventh Session of the Hague Conference on private International Law.

Convention on road traffic accidents applicable law (adopted on 4 May 1971) States which have signed this Convention, desiring to introduce common rules on the law applicable to non-contractual civil liability nature of the accident, have decided to adopt a Convention for this purpose and agreed on the following provisions: article 1 this Convention determines the law applicable to non-contractual civil liability nature of road traffic accident to a court, it is also being realized. The meaning of this Convention road traffic accident means accident involving one or more of the vehicles intended for driving on roads with or without the help of the engine, and associated with traffic on public roads, public areas or private areas where access rights given to certain people. Article 2 this Convention does not apply to: (1) vehicle manufacturer, retailer or repairer's responsibility; (2) the owner or any other person liable for the maintenance of the road available for traffic or for the safety of the user; (3) third party liability, except the owner of the vehicle or the task's responsibility; (4) the recourse between road traffic accident the persons responsible; (5) recourse requirements and requirements of law, as it relates to insurance companies; (6) claims and recourse requirements stipulated or which are against the social insurance institutions, other similar institutions and public guarantee funds, vehicles and any exemption from liability, as established in the law governing these institutions. Article 3 applicable law is the law of the country in which the inland traffic accident happened. Article 4 subject to article 5, as regards the provisions of article 3, the following exceptions: (a)) where the road accident have involved only one vehicle that is not registered in the country, which happened in a road accident, is applied to the internal law of the country of registration, to determine liability in respect of: — the driver, owner or any other person to control the vehicle or who is entitled to it, without taking into account their habitual residence — a victim who is a passenger, and not the country of residence, which took place in a road traffic accident, the victim who was a road traffic accident site located outside the vehicle, and is habitually resident in the country of registration of the vehicle. If you have two or more victims, the applicable law is determined for each of them separately. (b)) when a traffic accident involving two or more vehicles, a) the provisions of paragraph 1 shall apply only where all traffic features are registered in the same country; c) If an accident involving one or more persons of the accident site located outside the vehicle or means, and they may be responsible, a) and (b)) point rules apply only if all this person is habitually resident in the country of registration of the vehicle. The same applies to cases when these persons also have a road traffic accident victims. Article 5 of the law, in accordance with articles 3 and 4 are applicable to the determination of liability in respect of passengers, who are the victim, determines liability for property damage, which was carried in the vehicle and either owns or is assigned to a passenger it charge. Laws which, in accordance with articles 3 and 4 are applicable to liability for the owner of the vehicle, shall determine the liability for property damage, which was carried in a vehicle, except in the cases referred to in the preceding paragraph. Liability for damage to property outside the vehicle or of the vehicle is governed by the internal laws of the State in which the accident occurred. But the responsibility for the damage suffered by the victim's personal belongings outside the vehicle or vehicles down the vehicle registration-national laws if those laws would be applicable to liability for victims in accordance with article 4. Article 6 in respect of non-registered vehicles or vehicles that are registered in several countries, the law of the country of registration is replaced by its national laws, where these vehicles are usually located. The same applies when neither of the owner, not the person's possession or under the control of the vehicle, not the driver's residence of accident is not the country of registration of the vehicle. 7. Article whatever the applicable law, in determining liability account is taken of these traffic control and safety regulations in force in the place of the accident and the moment. Article 8 applicable law shall specify in particular: (1) the basis and extent of liability; (2) the basis for exemption from liability, any limitation of liability and any division of liability; (3) the existence of injury or loss and types may have to be compensated; (4) the type and extent of injury; (5) the question whether a right to compensation may be assigned or inherited; (6) persons who have suffered losses and who has the right to claim damages; (7) the employer's liability for the actions of his subordinate; (8) legal action and limitation period rules, including rules on legal action or restrictions at the beginning of the period, as well as termination and suspension of that period. Article 9 the persons who have suffered injury or damage has the right to direct action against the insurer of the person responsible, if such rights are provided for in accordance with 3, 4 or 5 of the applicable law. If the law of the country of registration is applicable in accordance with article 4 and 5, and if the law does not provide for the right to direct action, such rights exist, however, if the internal law of the State in which the accident occurred. If none of these laws do not provide for such rights, they exist, if they determine the law governing insurance contracts. Article 10 the application of any law that considers this Convention applicable, may be rejected only if it is clearly and unambiguously contrary to public policy ("ordre public"). 11. Article 1 of this Convention, to the application of article 10 does not depend on any requirements for reciprocity. The Convention shall apply, even if the applicable law is not the law of the Convention. Article 12 territorial units, each of which forms a part of the country, which has no unified legal system, is considered the country to 11, article 2, if it has its own legal system in relation to the nature of the non-contractual civil liability occurs a road traffic accident. Article 13 public, which does not have a unified legal system, is not obliged to apply this Convention traffic accidents that happen in this country if they are involved solely in that country geographical units registered vehicles. Article 14 the State that does not have a unified legal system, the signing of this Convention may, at the time of their ratification or accession declare that this Convention shall apply to all its legal systems or only to one or more of them, and may at any time afterwards change your statement, giving a new announcement. These messages are communicated to the Ministry of Foreign Affairs of the Netherlands, and clearly indicate the legal system to which the Convention applies. Article 15 this Convention shall not have precedence over other conventions specific areas in which the countries that sign the Convention is or may become parties and which contain provisions relating to non-contractual civil liability nature of road traffic accident. Article 16 of this Convention shall be open for signature by the States represented at the Hague Conference on private international law, the eleventh session. It will be ratified, and the instruments of ratification shall be deposited with the Ministry of Foreign Affairs of the Netherlands. Article 17 this Convention shall enter into force on the sixtieth day after article 16 referred to in the second paragraph of the third instrument of ratification. Convention for each country, which it signed and then ratified, enters into force on the 60th day following the deposit of instruments of ratification of the instrument. Article 18 any State not represented at the Hague Conference on private international law, the eleventh session of the Conference or the United Nations or its specialised agencies or the international party of the Statute of the Court of Justice, a member can accede to this Convention after its entry into force in accordance with article 17, first paragraph. Instrument of accession is deposited in the Ministry of Foreign Affairs of the Netherlands. Convention country that accedes shall enter into force on the 60th day following the day of its accession. The accession will have effect only in relations between the countries that accede to the Convention, and those Member States which have declared that accession was adopted. Such a notice is deposited in the Ministry of Foreign Affairs of the Netherlands; This Ministry through diplomatic channels sent notarized copies of each of the Member States. The Convention in relations between the State and the country that has announced that accession adopted will enter into force on the 60th day following the deposit of instruments of ratification of the instrument. Article 19 of the Convention, any country can sign at the moment of their ratification or accession declare that this Convention shall apply to all or to one or more of the territories for which it is responsible in international relations. This declaration shall enter into force on the day on which the country concerned enters into force. Then at any time following the extension of the application of the Convention is made known to the Ministry of Foreign Affairs of the Netherlands. Convention relating to territories to which it has been extended, shall enter into force on the 60th day following the notification referred to in the preceding subparagraph. Article 20 of the Convention is in force for five years from the date of entry into force in accordance with article 17, first paragraph, even for those countries which have ratified it or acceded to it subsequently. If there were no denunciation, it is unconditionally renewed every five years. Any denunciation is communicated to the Ministry of Foreign Affairs of the Netherlands at least six months before the expiry of the five-year period. It can be limited to specific areas in which the Convention is applied. Denunciation shall take effect only in relation to a State which has notified it. For all the other Member States the Convention remains in force. Article 21 of the Netherlands Ministry of Foreign Affairs announces the 16 countries listed in the article, and the States which are parties to the Convention in accordance with article 18, the following: (a)) referred to in article 16 signature and ratification; (b)) of the date on which this Convention enters into force in accordance with article 17, first paragraph; c) referred to in article 18 accession and dates when they enter into force; (d)) for 14 to 19 the notification referred to in article; (e)) by 20 in the third subparagraph of article following the denunciation. Affirming the undersigned, being duly authorized, have signed this Convention. Drawn up in the Hague, 4 May 1971, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Government of the Netherlands and notarized copy of which is sent through diplomatic channels to any country that represented the Hague Conference on private international law, the eleventh session.